OUI First Offense - Leominster District Court - State Police Department Sobriety Checkpoint - Not Guilty
Client was arrested and charged with a first offense OUI. After trial in the Leominster District Court our client was found Not Guilty. Client was stopped at a sobriety checkpoint. Officer observed the client's eye to be bloodshot and glassy and that he was swaying side to side. Officer also smelled the odor of an alcoholic beverage coming from our client. Client admitted to consuming alcohol. Officer administered the nine step walk and turn and one-leg stand. Client had no difficulty performing both of these field sobriety exercises. Client failed the portable breath test and was placed under arrest.
As this was a sobriety checkpoint case there was no evidence that our client was operating badly or dangerously. This was the case in this case. There was no evidence that our client was operating erratically. Additionally, the client performed exceptionally on the field sobriety tests. This was a very strong case for our client and he was found Not Guilty. Additionally, the court immediately ordered that his drivers license be reinstated.
Practice area(s): DUI / DWI
Court: Leominster District Court