OUI-1st Offense (Breath Test, .06), OUI-Drugs -- Haverhill District Court

Outcome: Dismissed

Description: Client, a 21-year-old female Iraq-War veteran, who suffered a traumatic brain injury in combat, was stopped after weaving across all lanes on 495. The officer detected the slight odor of alcohol coming from her. Two other officers arrived on the scene. She told the officers that she had been experiencing flashbacks. She spoke clearly, her eyes were not red, and she was well-balanced. She told the officers that she had consumed 2 beers earlier in the evening and that she had taken her medication earlier in the day. She asked the officers to give her a breath test, because she knew that she was not impaired. Back at the station she provided a breath sample, the results were .06%. Just prior to trial, the Commonwealth decided not to go forward. Attorney Fasoldt moved to dismiss for lack of prosecution. The judge allowed the motion and dismissed both charges. In addition, following her arrest her license was immediately revoked as an Immediate Threat. Within two weeks of the revocation, Attorney Fasoldt was successful in having her license reinstated. Result: Dismissed, both counts; Immediate Threat removed