Citizen call of erratic operator prompted the stop of the client by the Spencer Police Department. Odor of alcohol was detected on the client and it was reported that he was unsteady on his feet. A flask with alcohol was discovered in the vehicle. Because the identity of the citizen caller was no disclosed, his 911 call was not introduced at trial and thus there was no evidence of erratic operation. Booking video supported defense that client was not intoxicated as did medical records which indicated leg problems.
Client was found not guilty on both the OUI and Negligent Operation charges. Case was heard in the East Brookfield District Court.