Charge: OUI liquor (4th offense) and .16 Breathalyzer test.
Result: Not guilty; jury trial. Mandatory jail time avoided and license saved.
The Commonwealth alleged that my client struck three parked vehicles due to his being impaired by alcohol for the 4th time. The arresting officer claimed that my client failed so-called field sobriety tests, had glassy eyes, and slurred speech. At the station he was given a breath test and the results were .16 or twice the legal limit. At trial, I was successfully able to raise reasonable doubt as to the validity of the breath test results and my client’s impairment. The jury returned a verdict of not guilty on all counts!