Somerville District Court: Portable Breathalyzer Reading of 0.016 OUI Complaint Not Issued after Clerk Magistrate Hearing
In this case, our client was involved in a two car motor vehicle accident. State Police responded and observed an open container in our clients motor vehicle. When asked about the alcohol, our client reached in and took a sip of the drink. Client subsequently admitted to having a single shot earlier in the evening. Client was only offered one field sobriety test and a portable breathalyzer test. The results of the portable test were 0.016 or double the legal limit. Attorney Gilman was able to argue that the Clerk Magistrate should put little value in the two tests offered as they would not be admissible at trial. The clerk was not arrested and offered a breathalyzer test back at the State Police Barracks. Additionally there was no evidence that our client was driving or responsible for the accident. In this case the Clerk Magistrate elected to not issue the criminal complaint against our client.
Practice area(s): DUI / DWI
Court: Somerville District Court