Citizen called 911 to report erratic operator on the roadway. Citizen followed client until police arrived and effectuated stop of client’s motor vehicle. Police officer detected odor of alcohol and client admitted to consumption of alcohol. Field sobriety tests were conducted and client was arrested.
Attorney Murray presented medical records revealing client had recent knee surgery as well as other physical conditions that may have interfered with results of field sobriety tests. Client and her adult son testified at trial as to client’s activities in days and hours before her arrest. Client testified that she had worked for 10 consecutive days and was dozing off while driving but was not under the influence of alcohol Son testified to the same. Case was heard in the Fitchburg District Court. Court returned a Not Guilty verdict.