Client was approached by police officer after being observed arguing with her friend in parking lot of gas station at approximately 3am. Client was observed driving into the gas station and admitted to operating the motor vehicle. Client admitted to consumption of alcohol and performed field sobriety tests. Client was placed under arrest after officer formed opinion of intoxication. Breathalyzer taken at station produced .22 reading.
Attorney Murray filed pretrial motion to suppress the breathalyzer results based upon officer’s failure to comply with regulatory requirements. After a contested motion hearing, the court allowed the motion and the BT was suppressed. The case was then tried before a jury in the Framingham District Court. Jury returned a not guilty verdict.