DUI, OUI, DWI; -JURY TRIAL – NOT GUILTY-

June 30, 2015

Framingham District Court

 

Client had an extensive criminal record and had been unsuccessfully summonsed to testify in another matter.  A patron of a gas station had called 911 to report an erratic driver who she’d followed to a local gas station.  She told the operator that he was throwing up and that he had been driving very aggressively and in a dangerous manor.  As Client left gas station, caller offered to follow him but the operator told her not to.  She would dispatch an officer immediately.  The officers had a description of the vehicle as well as the driver, so when one of the officers passed Client’s car in the opposite direction, they promptly executed a U turn and began to follow him.

The officer’s report noted swerving and speeding, neither of which were egregious, but enough to pull the driver over for a routine traffic stop.  The officer noted not only the smell of alcohol on Client, but the pungent smell of gasoline, for which the client explained, he had just spilled it on himself.  Client admitted drinking beer and smoking marijuana hours before.  Client unsuccessfully performed several field sobriety tests and was subsequently arrested for suspicion of OUI.

Client showed up late for the first jury trial setting so the case had to be continued.  As a result of the additional time, the Commonwealth was able to provide Attorney with a recording of the booking video.  The booking procedure was all recorded on video and admitted over the defense’s objection at trial.

The jury pool was small that day so empaneling 6 jurors and one alternate took very little time.  At trial attorney was able to show that the client’s driving was indeed not unsafe, his speed reasonable and although he smelled strongly of gasoline, he was not intoxicated or impaired.  The trial itself was fast, the jury returning a verdict of NOT GUILTY, after less than an hour of deliberation, in time for all parties to enjoy a late lunch.

Dedham DUI

10/23/14

Dedham District Court

Last week, Attorney Martin was able to finally bring justice to a client who had been fighting an OUI since 2013. Client was pulled over in Needham after causing a two car collision. Client was belligerent and shouted at officers, even pointing at one officer stating, “Touch me again and you’ll be sorry”. Client was handcuffed, his work truck was towed and he was taken into custody and investigated for DUI/OUI. The general consensus among the officers was that he was intoxicated. The only reason a person would act so aggressively towards the police was because he was drunk.

On the day of trial, after testimony from four officers and finally the defendant himself, the jury took less than one hour to return a verdict of not guilty to the charge of drunk driving. Client, an engineer and business owner was relieved after the verdict, knowing he could drive to work.

Gloucester OUI dismissed

May 12, 2014

Client was arraigned in Gloucester district Court and charged with Operating Under the Influence after the Gloucester Police noticed him sleeping in his parked vehicle.
Client had left a dinner party with friends and decided to sleep it off before traveling home to the city. After several passes through the neighborhood, officers decided to inquire about the status of the occupant. Officers let themselves into the vehicle and began their OUI investigation. It didn’t take the officers long to decide that the gentleman sleeping in the driver’s seat was intoxicated and he was promptly taken into custody.

Attorney Martin gathered all relevant and exculpatory discovery in preparation for a jury trial. Because of this diligent pretrial preparation, after consulting with Attorney Martin as well as the Gloucester Police Department, the District Attorney’s Office, noticing weaknesses in their case, decided to dismiss all charges against client.

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