OUI - 2nd Offense - FITCHBURG DISTRICT COURT NOT GUILTY
Client was arrested and charged with a second offense OUI in Gardner, Massachusetts. After trial in the Fitchburg District Court our client was found Not Guilty. Client was pulled over due to having an expired registration sticker. The State Trooper testified that when he approached the vehicle, he detected an overwhelming odor of alcohol coming from the open window. Trooper testified that the client admitted to consuming two beers. Trooper administered the nine-step walk and turn and one-leg stand. After performing these field sobriety tests the Trooper placed our client under arrest.
During cross examination, Attorney Gilman successfully got the Trooper to testify that the clients driving was perfect. Trooper testified that our client was not speeding, was not swerving side to side, didn't cross the fog line or the median. When the Trooper put on his take down lights, our client pulled over in a controlled fashion, did not strike a curb but came to a slow and controlled stop. Our client had no issue locating and handling his license and registration to the Trooper. There was no evidence presented that our client was operating erratically or dangerously. Additionally, on cross examination, Attorney Gilman was able to highlight just how exceptional his client performed on the field sobriety tests. This was a strong case for our client, and he was found Not Guilty.
Practice area(s): DUI / DWI
Court: Fitchburg District Court