OUI-1st Offense -- Ayer District Court

Outcome: Motion to Suppress Allowed, Dismissed

Description: Client, a 44-year-old woman, was stopped for speeding and crossing the marked lanes. After making contact with my client, the officer held my client at the roadside and called for back-up. The officer DID NOT observe bloodshot eyes, slurred speech, or an odor of alcohol. However, the officer who arrived on the scene observed all such signs. My client failed all the FSTs. A Motion to Suppress the exit order was Allowed; the judge held that my client should have simply been given a ticket and released, as the first officer did not have probable cause to keep my client at the roadside. The case was dismissed.