John* was charged with a third offense OUI after he crossed into the wrong lane of travel, hit the curb and struck a building. In Massachusetts a conviction on a third offense OUI carries a mandatory minimum jail sentence of 180 days.
Witnesses observed the entire accident and observed John get out of the car after the accident, survey the damage and leave the scene. At trial the Commonwealth presented evidence that police observed John to be out of it when the caught up to him several miles from the accident scene. Police testified that there was a strong odor of alcoholic beverage coming from John, his eyes were bloodshot and glassy. John even exited his car before being asked to by the police. It seemed this was a slam dunk guilty verdict for the Commonwealth.
Attorney Gilman made it simple for the jury, the case not about operating under the influence it was a motor vehicle accident. Accidents occur everyday and most have nothing to do with drugs or alcohol. Attorney Gilman on cross examination of the police got the officers to admit that the odor of alcohol means really nothing. The officers testified that the odor has no relationship to how much alcohol a person may have consumed, what the person may have drank or when they had a drink. Most damning for the Commonwealth was that the Defendant performed perfectly on the field sobriety tests. The one leg stand and nine step walk and turn both performed to perfection. The final piece of evidence that the Commonwealth could not overcome was the booking video. The video showed John standing in the police station in full control. He was not swaying side to side, he was not falling over himself, he was not leaning on the wall. John had full control over his physical movements during the entire booking process. The police wanted the jury to believe that John was falling down on the side of the road but the booking video told the opposite and the Commonwealth could not come over the direct evidence.
The Jury returned a Not Guilty Verdict in under an hour!
Attorney Gilman is successfully defending OUI/DUI cases to Not Guilty Verdicts and Case Dismissals everyday. John's jury verdict is not unique. If you have been charged with OUI or DUI or have a license suspension related to a OUI or DUI. do not wait! Attorney Gilman is available for a Free Case Consultation. Attorney Gilman can help you get back on the road legally!