AM, a 33-year-old social worker, was stopped on the highway by the state police. It was 1:45am. The trooper pulled him over because AM committed several marked lanes violations. There were two troopers on the scene. The lead trooper detected the following: odor of alcohol, slurred speech, and bloodshot eyes. AM was asked the following questions: where are you going? Where are you coming from? How much have you had to drink? AM told the trooper that he was going to his girlfriend's home, he was coming from Waltham, and that he had consumed one drink. AM added that he had been playing basketball earlier in the evening.

The trooper told AM to get out of the car. AM complied. On the side of the dark highway AM was told to perform a series of field sobriety tests including - reciting the alphabet from L to Q, counting backwards from 85 to 52, the 9-step walk and turn, and the one leg stand. After performing the tests the trooper formed the opinion that AM was impaired by alcohol. AM did not share the trooper's opinion. Nevertheless, AM kept his cool and behaved in a polite and respectful manner.

AM hired Attorney Henry Fasoldt to represent him. AM insisted on having a jury trial as he believed that he was not impaired by alcohol but, rather, that he was merely tired. A jury agreed, they found him not guilty.