Massachusetts DUI Attorneys

7 DUI Not Guilty Verdicts & a Dismissal

8 DUI Trials and 7 Not Guilty Verdicts, 1 Dismissal.

Framingham, Mass. DUI Attorney George E. McCarthy’s last eight trials resulted in Not Guilty verdicts and one dismissal.  The following is a summary of the OUI evidence presented at trial, by the prosecution.

Worcester District Court: 19 year old defendant, who had ingested alcohol, backed his motor vehicle into a parked motor vehicle, sending the parked motor vehicle down a hill and crashing into a large tree.  The defendant could not say the alphabet; failed the 9 Step Walk and Turn test; and finger to nose test.  AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI.

Milford District Court: 45 year old defendant, who had ingested alcohol, was followed by a civilian witness, who observed the defendant’s pickup truck, operating erratically, swerving all over the road, and crossing the double yellow lines, into the opposite lane of traffic, on several occasions.  The defendant appeared to be struggling to stay on the right side of the road.  The defendant took 2 minutes to produce his license and registration.  9 cans of beer, including two empty cans, were on the seat, next to the defendant when he was arrested.  The defendant was very unsteady on his feet, and had to hold the side of his vehicle, to keep his balance.  The defendant was given 3 opportunities to perform the One Leg Stand, and failed all attempts.  The defendant also failed the 9 Step Walk and Turn test and stumbled while walking.  AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI.

Framingham District Court: 63 year old defendant, who had ingested alcohol, was observed by the arresting officer, repeatedly applying her car’s brakes, for no apparent reason; speeding up and slowing down, for no apparent reason; traveling over the double solid lines, into the oncoming lane; coming to a complete stop at a green light; running a red light; failing to stop promptly for the police officer; could not produce her registration; the officer discovered a bottle of beer in her purse; and failed the 9 Step Walk and Turn test and One Leg Stand test.  AFTER A JURY TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OUI, SECOND OFFENSE.

Worcester District Court: 27 year old defendant, who had ingested alcohol, was stopped by a detail officer, at 2:23 a.m., as his vehicle exited on the wrong side of the traffic cones, onto the newly paved closed exit ramp; and after being asked to move his car, almost hit a series of traffic cones.  The defendant’s shirt was wet, and according to the officer, he was “out of it”; “tripped up his words, a few times”.  The defendant was unsteady on his feet and swayed from side to side, after he exited his vehicle.  The defendant failed the 9 Step Walk and Turn test, One Leg Stand test, and the portable BT test.  AFTER A JURY TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI SECOND OFFENSE.

Framingham District Court: 38 year old defendant, who had ingested alcohol at a Boston Bruin’s game, was observed to operate his motor vehicle erratically; failed to stop promptly for the police officer; open container in vehicle; unable to promptly produce his license and registration; failed all field sobriety tests; and stumbled on the cruiser videotape.  AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI.

Dorchester District Court: 37 year old defendant, who had ingested alcohol, was stopped at a State Police Sobriety Check Point, at 1:20 a.m., and evidenced an odor of alcohol; red, bloodshot and glassy eyes; slurred speech; and a portable BT reading of .148.  AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI.

Brighton District Court: 36 year old defendant, stopped at 11:50 p.m. for speeding; sobbed uncontrollably at State Police Barracks; laid down in the center of the lobby on salt covered floor, kicking feet and flailing her body around.  Trooper indicated “she is wasted”.  Second Trooper, simultaneously stated “she is cocked”; speech slurred, strong odor of alcohol.  DISMISSED ON THE DAY OF TRIAL.

Framingham District Court: 38 year old defendant, stopped at 1:20 p.m., after leaving a stag party and was observed by the officer, to cross over the fog line on one occasion; leave the roadway on another occasion; and nearly striking a telephone pole, on a third occasion.  The defendant had difficulty producing his license and registration; had bottle caps in his shirt pocket; and empty and full beer cans in his truck.  The defendant was observed to be extremely unsteady on his feet; failed the One Leg Stand, by putting his foot down numerous times; and failed the 9 Step Walk and Turn test, by stepping off the line, numerous times, and stumbling during the test.  AFTER A JURY TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI SECOND.