Commonwealth v. B.S. – Quincy District Court (MA State Police)

Charge(s) – OUI 2nd Offense, Marked Lanes Violation Result: OUI – Not Guilty Client was stopped by Massachusetts State Police in South Boston after his vehicle was reported for erratic driving. Officer spotted the car crossing over the double yellow line. Officer approached the vehicle and detected a moderate odor of alcoholic beverage emanating from the client. Officer also noticed that the client’s speech was slurred and his eyes were glassy. Based on the officer’s observations the client was placed under arrest. Client consented to the breathalyzer test during booking with readings of .114, .079, and .109.
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Commonwealth v. T.D. – Dedham District Court (Norwood Police Department)

Charge(s) – OUI Result: OUI – Dismissed Client was directed to the screening area at a sobriety checkpoint by the Norwood Police Department. Client exited his vehicle without being told to and stated that he was coming back from a club in Boston when asked. Officer observed the client’s eyes to be glass and bloodshot and detected a moderate odor of alcohol emanating from his breath. Officer administered a series of field sobriety tests. Client failed all assessments and consented to a PBT with reading a reading of 0.123. Client was placed under arrest. Client consented to the Breath Test
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Commonwealth v. D.B. – Wareham District Court (Mattapoisett Police Department)

Charge(s) – OUI, Negligent Operation of Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was stopped by Mattapoisett police after failing to maintain his lane of travel on three occasions. Officer approached the vehicle and detected a moderate odor of alcoholic beverage emanating from the client’s breath. Client was slow to answer questions and his eyes were glazed over. Client admitted to having two beers when asked. Officer administered a series of field sobriety tests. Client failed all assessments. Client consented to a PBT with a readying of 0.09 and was placed under arrest.
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Commonwealth v. W.M. – Quincy District Court (Mass State Police)

Charge(s) – OUI Result: OUI Client was stopped in Milton at a State Police sobriety checkpoint and was directed to the screening area. Officer detected a moderate odor of alcoholic beverage emanating from the client and observed his eyes to be glassy. Client admitted to drinking when asked. Officer administered a series of field sobriety tests and noted that the client was unsteady on his feet. Client had difficulty completing most of the assessments. The final test was the Preliminary Breath Test. Client produced a reading of .09 and was placed under arrest.
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Commonwealth v. L.K. – Lowell District Court (Tewksbury Police Department)

Charge(s) – OUI, Negligent Operation of Motor Vehicle, Speeding Result: OUI – Not Guilty Client was stopped by Tewksbury police for speeding. Officer asked client for license and registration and observed his movements to be slow. Officer also noticed the client’s eyes were glassy and detected an odor of alcoholic beverage emanating from him. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest.
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Commonwealth v. P.C. – Dedham District Court (MA State Police)

Charge(s) – OUI, Marked Lanes Violation, Speeding Result: OUI – Dismissed Client was stopped in Framingham by Massachusetts State Police after reported to be speeding and unable to maintain a lane. Officer approached the vehicle and immediately observed the client’s eyes to be glassy and blood shot. Officer also detected a strong odor of alcoholic beverage emanating from the client’s breath. Client admitted to drinking when asked but could not give an exact number of drinks. At this point the officer noticed that the client’s speech was slurred. Officer asked client to exit his vehicle and he was unsteady on
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Commonwealth v. E.P. – Plymouth District Court (Marshfield Police Department)

Charge(s) – OUI, Negligent Operation of Motor Vehicle, Marked Lanes Violation, Speeding Result: OUI – Not Guilty Client was stopped by Marshfield MA police after reported to be driving erratically. Officer approached the vehicle and detected a moderate odor of alcoholic beverage on the client’s breath. Client admitted to having two glasses of wine with dinner when asked if she had been drinking. Officer administered a series of field sobriety tests. Client had difficulty performing all assessments and was placed under arrest. Client consented to a breath test with readings of .12, .15. and .12.
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Commonwealth v. W.S. – Quincy District Court (Weymouth Police Department)

Charge(s) – OUI, Negligent Operation of Motor Vehicle Result: OUI – Dismissed Client was stopped by Weymouth police after reports were made that her vehicle was all over the road and nearly hit a pedestrian. The client had also struck the rear end of another vehicle. The officer had difficulty communicating with the client and asked her several times to put the car in park and turn it off before he had to do so himself. Client had difficulty answering questions and could not produce a license. The officer detected a strong odor of alcoholic beverage emanating from the client
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Commonwealth v. G.D. – Boston Municipal Court (MA State Police)

Charge(s) – OUI, Disorderly Conduct, Resist Arrest, Leave Scene of Property Damage, License not in Possession, State Highway-Traffic Violation Result: OUI – Dismissed Client was stopped by Massachusetts State Police in Boston after leaving the scene of an accident. When asked if she had been involved in an accident she stated she had not. Client refused when asked to go to the police station to confirm the accident with the operator and passenger of the other vehicle involved. Officer observed client’s eyes to be glassy red and lethargic in her movements answers. Client admitted to having a few alcoholic beverages
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Commonwealth v. C.T. – Springfield District Court (West Springfield Police Department)

Charge(s) – OUI 4th Offense Result: OUI – Not Guilty Client was stopped by West Sprinfield MA police after making a prohibited U-turn. Officer approached the vehicle and detected a strong odor of alcohol when speaking with the client. Officer also observed the client’s eyes to be red and glossy and her speech was slightly slurred. Officer asked the client where she was coming from to which she gave three different answers. At this point the officer administered a series of field sobriety tests. Client began arguing with the officer when he stated she had not passed all of the
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Commonwealth v. G.D. – Plymouth District Court (Marshfield Police Department)

Charge(s) – OUI, Negligent Operation of Motor Vehicle Result: OUI – Not Guilty Client as stopped by Marshfield MA police after his vehicle was observed to have crossed over the double yellow line and nearly colliding with a marked police cruiser. Officer approached the vehicle and detected a strong odor of alcoholic beverage when speaking with the client. Client was observed to be slumped in his seat and his eyes were glossy. Client admitted to drinking some wine when asked by the officer. At this point the officer asked him to exit his vehicle and the client stumbled and had
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Commonwealth v. J.H. – Falmouth District Court (Bourne Police Department)

Charge(s) – OUI, Alcohol in Motor Vehicle, Speeding Result: OUI – Not Guilty Client was stopped by Bourne police after spotted speeding. Officer approached the vehicle and detected a strong odor of alcohol emanating from within. Officer observed the client to be be very sweaty and his eyes were glassy and blood shot. Client appeared to be nervous and was short in his answers. Client initially stated he had not been drinking but later admitted to having two beers after the officer noticed an open beer container on the floor of the vehicle. At this point the officer asked the
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Commonwealth v. V.S. – Malden District Court (Medford State Police)

Charge(s) – OUI, Lights Violation, Alcohol in MV, License not in Possession Result: OUI – Not Guilty Client was stopped by State Police in Medford MA when his vehicle was spotted traveling without headlights illuminated. Client was unable to produce a license and registration when asked. Officer detected an overwhelming odor of alcoholic beverage emanating from the client. Client initially stated he had not been drinking, but later admitted to having consumed three shots. At this point the officer noticed an open container of alcohol behind the drivers seat, and observed the client’s eyes to be glassy and blood shot
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Massachusetts Judge Excludes Results of Thousands of OUI Breathalyzer Tests

IF YOU WERE A DEFENDANT IN AN OUI CASE IN MASSACHUSETTS AND SUBMITTED TO A BREATH TEST PRIOR TO SEPTEMBER 13, 2015 THIS DECISION MAY AFFECT YOUR CASE.  IF YOU PLED TO AN OUI CASE IN MASSACHUSETTS DURING THESE TIME PERIODS BECAUSE OF A BREATH TEST READING YOU MAY BE ABLE TO REOPEN YOUR CASE AND PERHAPS GO TO TRIAL. Sweeping Decision Issued on February 16, 2017 regarding the Breath Testing in Massachusetts A Decision was issued today by the Honorable Judge Brennan In the matter of COMMONWEALTH v. EVANDO ANANIAS, CHRISTIAN FIGUEROA, AND OTHERS This Decision addressed issues regarding a statewide
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Commonwealth v. G.O. – Ayer District Court (Concord State Police)

Charge(s) – OUI, Open Container of Alcohol, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was spotted traveling approximately 25 miles below the speed limit and unable to maintain the marked lanes. Officer stopped the vehicle which was identified as a cab with three passengers. Officer noticed a strong odor of alcoholic beverage. Client exited the vehicle when asked for his license and registration even though he was not asked to. Client stated he could not get arrested because he would lose his job. Officer observed his eyes to be glassy and blood shot. Client admitted that he
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Commonwealth v. R.L. – Brockton DC (West Bridgewater PD)

Charge(s) – OUI 2nd Offense, Unregistered Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was stopped after his vehicle was seen drifting over the center line into oncoming traffic on three separate occasions. Officer detected a strong odor of alcohol on the client’s breath and observed his eyes to be glossy and blood shot. Client’s speech was also slurred and delayed and his balance was very unsteady. Client admitted to having three beers throughout the night when asked. Officer administered a series of field sobriety tests. Client failed all assessments and was placed under arrest.
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Commonwealth v. J.C. – Fitchburg DC (Leominster PD)

Charge(s) – OUI, MArked Lanes Violation, Open Container of Alcohol, Minor in Possession of Alcohol Result: OUI – Not Guilty Client was stopped by police after a report of an erratic operator. Client’s vehicle crossed over the double solid yellow line multiple times. Officer detected a strong odor of an alcoholic beverage emanating from the client’s breath and observed his eyes to be glassy and blood shot. Client stated he had not had any alcoholic beverages but the officer noticed his speech to be slurred when responding. Client resisted submitting to a series of field sobriety tests at first. He
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Commonwealth v. D.B. – Ayer DC (Littleton PD)

Charge(s) – OUI, Marked Lanes Violation, Child Endangerment Result: OUI – Not Guilty Client was stopped after his vehicle was observed crossing into the opposite lane when making a wide turn and crossing over the white fog line multiple times. Officer was overwhelmed by a strong odor of an alcoholic beverage coming from within the vehicle. It should be noted that there were four other passengers in the vehicle. Officer noticed the client’s speech to be thick tongued and slurred and his movements were clumsy. Client stated he did not have anything to drink multiple times. The officer asked the
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Commonwealth v. T.R. – Dedham District Court (Milton State Police)

Charge(s) – OUI, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was stopped after observed to be driving erratically and unable to stay within the marked lanes. Client was unable to produce a driver’s license but the passenger did. Officer detected a moderate odor of an alcoholic beverage emanating from the vehicle and observed the client’s eyes to be glassy and blood shot. It is also noted that the client spoke with slurred speech and was unsteady on his feet upon exiting the vehicle. Officer administered a series of field sobriety tests. Client was unable to complete assessments
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Commonwealth v. D.M. – Wareham District Court (Bourne State Police)

Charge(s) – OUI, Marked Lanes Violation Result: OUI – Not Guilty Client’s vehicle was stopped after officer observed the vehicle to be swerving and crossing over the lane marker several times. Officer immediately detected a strong odor of an alcoholic beverage emanating from within the vehicle and it is noted that the odor got stronger as the client spoke. Officer observed the client’s eyes to be blood shot and glassy. Client admitted to having a couple of drinks when asked. Officer administered a series of field sobriety tests. Client failed all assessments. Client consented to a PBT with a 0.115
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Commonwealth v. C.M. – Lowell District Court (Andover State Police)

Charge(s) – OUI Result: OUI – Not Guilty Client was directed to the screening area when passing through a sobriety checkpoint. Officer immediately noticed a strong odor of alcoholic beverage emanating from inside the vehicle. Officer also noticed her eyes were red, glassy, and blood shot. Client stated she had two margaritas when asked if she knew why she was brought into the screening area. At this point the officer administered a series of field sobriety tests. It was noted that the client was unsteady on her feet when exiting her vehicle. Client failed all assessments and consented to a
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Commonwealth v. J.P. – Attleboro DC (Foxboro)

Charge(s) – OUI 3rd Offense, Negligent Operation of Motor Vehicle, Marked Lanes Violation Result: OUI – Not Guilty Client was involved in a vehicle crash and stated he had fallen asleep at the wheel. The officer observed the client to be very unsteady and unable to maintain balance. Officer also detected a strong odor of an alcoholic beverage emanating from the client’s breath. Officer administered a series of field sobriety tests. Client had difficulty completing all assessments and consented to a PBT with a .211 initial reading. Client was placed under arrest.
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Commonwealth v. R.W. – Dedham DC (Foxboro State Police)

Charge(s) – OUI, Marked Lanes Violation, Negligent Operation of Motor Vehicle Result: OUI – Not Guilty Client was involved in a car crash but was unable to provide specifics as to how the crash occurred. Client was crying uncontrollably and stated she did not want to get in trouble. While speaking with the client the officer detected a slight to moderate odor of alcoholic beverage coming from her. Client stated she had one beer when asked and also verified that she was only 20 years old. Officers administered a series of field sobriety tests. Client had difficulty completing all assessments
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Commonwealth v. M.C. – Dedham DC (Foxboro State Police)

Charge(s) – OUI, Marked Lanes Violation, Seat Belt Violation Result: OUI – Not Guilty Client was stopped after police observed his vehicle to be driving erratically and witnessed multiple marked lanes violations. Officer observed the client’s eyes to be glassy and blood shot and could detect a strong odor of alcohol coming from inside the vehicle. Client stated he had about 5 drinks throughout the evening when asked by the officer. At this point the officer administered a series of field sobriety tests including: the horizontal gaze nystagmus, 9 step walk and turn, and the one leg stand exercise. Client
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Commonwealth v. M.B. – Haverhill DC

Charge(s) – OUI Result: OUI – Not Guilty Client was stopped by police after her vehicle was observed to have crossed over the double solid line three times. Client was crying and on her cell phone when the officer approached the vehicle and stated the vehicle belonged to her father. Officer detected a strong odor of alcohol emanating from the client and observed her eyes to be glassy and blood shot. Client initially stated she had nothing to drink but later admitted to having two drinks earlier in the evening. The officer then administered a series of field sobriety tests.
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