OUI-3rd Offense: Attleboro District Court - Not Guilty

Outcome: Not Guilty

Description: A local police officer pulled up next to DWP's car while it was parked on a side street with the engine running. The officer thought DWP's eyes were "droopy, red and bloodshot." The officer also thought that his speech was slurred and that he stunk like booze. DWP was "unsteady on his feet" as he got out of the car and had trouble standing straight. DWP told the officer that he was experiencing a migraine and that he had bad knees. Nevertheless, DWP performed the field sobriety tests - not surprisingly, he failed them all. DWP was arrested. Unfortunately, DWP made several incriminating statements. In an effort to have those statements excluded from evidence, Attorney Fasoldt filed a Motion to Suppress. He was successful in arguing that DWP made those statements without having been read his Miranda rights. At trial, Henry introduced several medical records which showed that DWP suffers from Migraine headaches, as well as bad knees, bad back, and bad hips. DWP also testified on his own behalf. Ultimately the jury agreed that DWP was Not Guilty