Worcester District Court: OUI 2nd Offense not guilty after trial

In this case, our client was charged with a Second Offense OUI after being stopped at a Sobriety Checkpoint after 12:00 A.M. in Worcester. The checkpoint was operated jointly by the Worcester Police Department and Massachusetts State Police. The arresting officer alleged that our client when driving into the screening area was not following directions, did not go to the designated area and had to be told three times where to go. Client allegedly had a strong odor of alcohol and bloodshot and glass eyes. The officers alleged that our client was unable to pass the nine-step walk and turn test as he took to many steps, walked off the line, started too soon and did not turn properly. At Trial, Attorney Gilman was able to poke large holes into the Commonwealth's case. In this case our client was able to get his license and registration without any hesitation or issue, was able to exit the vehicle without any indication of impaired, had no slurred speech. Most importantly, during the one-leg stand test, Attorney Gilman was able to get the arresting officer to testify that they observed no clues of impairment during the test. After trial the defendant was found not guilty and avoided a two-year license suspension. Additionally, Attorney Gilman immediately filed a Motion to Restore our client's driver's license. After a further hearing the court allowed the motion and ordered the Registry of Motor Vehicles to reinstate our clients license which avoiding the balance of a three-year license suspension.