Commonwealth v. B.W. – Woburn District Court– Andover State Police

Charge: OUI 2nd Offense Result: OUI- Not Guilty Client was stopped at a sobriety checkpoint. Officer observed the client’s eyes to be glassy and red and his speech was slurred. Officer also detected the odor of an alcoholic beverage emanating from the client’s breath. Client admitted to having one beer when asked by the officer. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments. Client refused the portable breath test and was placed under arrest. Sobriety checkpoint cases are generally strong cases because there is no form of erratic driving. This was the case in
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Commonwealth v. D.G. – Lynn Drunk Driving Charges (2011) – Marblehead

Charge: Operating under the Influence of Alcohol Result: Dismissed Client was seen standing on a sidewalk next to a restaurant/bar fumbling with her purse and as she crossed the street the officer noted that she had a slight swagger.  Based upon these observation he made contact with the client as she entered her motor vehicle.  The officer noted that the headlights were on and the window was down when he engaged the client in conversation from his cruiser on the opposite side of the street.  The officer noted that the client’s eyes were bloodshot and glassy and told her to
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Commonwealth v. R.L. (Lynn District Court) – Massachusetts State Police

Charge:  Operating under the Influence 2nd Offense Result:  Not Guilty Client was stopped by a Massachusetts State Trooper for marked lanes violation.  The trooper asked for his license and registration.  The Trooper observed an odor coming from client’s breath, his eyes were bloodshot and glassy and his speech was slurred.  Trooper asked the client to exit his truck and perform field sobriety tests, the one legged stand and the 9 step walk and turn.  The client did not perform well on the one legged stand but performed real well on the 9 step walk and turn.  After cross examination, it
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