Outcome: Dismissed

Description: Client, a 40-year-old Truck Driver, was asleep in his truck in a private parking lot in the city of Chelsea. The engine was running. After receiving an emergency call, the police awoke the client and made my client get out of the truck. The police noticed that my client's eyes were red and glassy, his speech was slurred, he was unsteady on his feet, and he smelled strongly of alcohol. He was arrested and charged with OUI. In Massachusetts, in addition to "operating" and being "impaired" a person must be on a "public way" in order to be convicted of OUI. Henry filed a Motion to Dismiss, arguing that the client was not operating on a "public way." The client leases a space for his truck in the lot and pays a monthly lease fee. Henry went to the private parking lot and recorded a video. He showed the video evidence to the prosecutor. The prosecutor agreed that the parking lot was not a public way and agreed to dismiss the OUI charge.