OUI-1st Offense (Breath Test .08); Negligent Operation -- Attleboro District Court

Outcome: Not Guilty on both counts

Description: Client, a 27-year-old man, was stopped after driving through a stop sign. He had just dropped off his pregnant wife at their home, and was now driving home their friends. Client showed standard signs of impairment -- slurred speech, red/bloodshot eyes, strong odor of alcohol. He admitted to the officer that he'd consumed a "couple of beers." He was asked to get out of the car and walk to the sidewalk. He performed 4 Field Sobriety Tests, all of which he failed in the opinion of the officer. He was arrested and brought back to the station. He consented to a breath test, the results of which were .08%. At trial I called an Expert Witness who testified about how the machine's reading may not have been accurate. Additionally, Client's wife tesitified about his normal behavior before he drove her home. Judge allowed Motion for Required Finding of Not Guilty on the Negligent Operation charge. The Jury found him Not Guilty on the OUI.