1
Wareham District Court:
45-year-old defendant, who was licensed with an Interlock Ignition Device restriction, was stopped by a Massachusetts State Trooper operating on Interstate 495. The Trooper recognized the defendant because he had recently cited the same defendant for the same charge in the Taunton District Court, where the case was still pending.
On Mr. McCarthy’s Motion, in which he cited a ten year old case, with which the presiding Judge and the prosecutors were unfamiliar, the charge was dismissed. Before the dismissal, the Prosecutor advised the Judge that she had never heard of the cited case but that its facts were identical to those in the defendant’s case. The prosecutor further informed the Judge that Mr. McCarthy correctly argued that a flaw in the statute mandated dismissal and despite the passage of ten years, the legislature had neglected to correct the provisions of the statute.
2
Attleboro District Court:
48-Year-old defendant, who had ingested alcohol, was charged with OUI 3rd Offense. The defendant sideswiped a parked motor vehicle in a commercial area, as the driver was about to exit the vehicle. The defendant did not stop at the scene of the accident. The defendant’s truck contained 12 empty beer cans and the defendant admitted to drinking multiple cans of beer. The police detected an odor of alcohol and testified that the defendant was unsteady on his feet and failed 3 Field Sobriety Tests, including four unsuccessful attempts to perform the One Leg Stand, never getting past the count of 2 of the required 30 seconds. AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI 3RD.
3
Worcester County District Court:
67-Year-old defendant, who ingested alcohol, was charged with OUI 3rd offense; operating after his license had been suspended for OUI; Negligent Operation; and an Open Container violation. The defendant was stopped because a police mobile data terminal, indicated that his license to operate was suspended. Upon speaking to the defendant, the police officer noted that his speech was slurred and that his eyes were glassy and bloodshot. The police officer detected a strong odor of alcohol and partially consumed Heineken beer can in the cup holder of the passenger area of the vehicle. The defendant failed 4 Field Sobriety Tests, including the One Leg Stand, which was terminated to prevent the defendant from falling and injuring himself. The defendant was asked to count backward from 97 to 63 and was unable to do so.
In addition to the open Heineken, the defendant had numerous empty whiskey bottles on the front passenger floor area. AFTER A BENCH TRIAL, THE DEFENDANT WAS FOUND NOT GUILTY OF OUI 3RD; NOT GUILTY OF NEGLIGENT OPERATION; THE CHARGE OF OPERATING AFTER SUSPENSION FOR OUI WAS DISMISSED UPON DEFENDANT’S MOTION; AND THE DEFENDANT WAS FOUND RESPONSIBLE FOR THE CIVIL OPEN CONTAINER VIOLATION.
4
Worcester County District Court:
According to the police, the defendant was noticeably unsteady on his feet, swaying from left to right with bloodshot eyes and an odor of alcohol emitting from his breath. While speaking to the defendant, the police officer observed an open wine box, half full, and a partially spilled solo cup containing wine, next to the driver’s seat. The defendant stated to the police officer that he did not know if his current blood alcohol level was under the legal limit to operate a tractor-trailer truck. The defendant stated “I made a mistake, please help me.” AFTER THE DEFENDANT’S MOTION TO DISMISS, THE CHARGE OF THE OUI WAS DISMISSED; LEAVING THE SCENE WAS DISMISSED AFTER PRE-TRIAL PROBATION; AND A RESPONSIBLE FINDING WAS ENTERED ON THE CIVIL CHARGE OF OPEN CONTAINER VIOLATION.