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 remain parked.  He reversed direction of his cruiser and pulled in behind client.  The officer upon approach noted the keys were in the center console.  Client was asked to exit vehicle and she refused to exit asking the officer repeatedly why.  Shortly thereafter,  two police officers physically removed client from the vehicle and she was placed under arrest.  At the station, while he told the officers she had not driven the vehicle she elected tot take a breath test and failed with a reading of a .13.

The ADA handling the case was a true professional and prior to trial conceded that she could not prove that the vehicle was ever operated by the client and candidly would be a waste of government resources to impanel a jury and hold witnesses for a two day trial where operation was an element that the government could not prove.  A motion to dismiss was filed and allowed by the court prior to trial based upon the agreed upon facts; thus the case was dismissed.

Marblehead 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.