Citizen called 911 to report erratic operator near his home. Police responded and observed client directly outside his vehicle attempting to open a security gate. Citizen caller identified for police the motor vehicle as the same vehicle he observed operating erratically. Police officer detected odor of alcohol and testified client was unsteady on his feet. Client admitted to consumption of alcohol and portable breathalyzer taken on roadway produced reading of .12. Client was arrested.
Case was presented to a jury in the Fitchburg District Court. At the close of Commonwealth’s case, Attorney Murray filed a Motion for Required Finding of Not Guilty for lack of evidence regarding issue of operation and intoxication. Judge allowed motion and directed a verdict of Not Guilty.