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.