Our client was stopped after failing to use a directional and after being observed traveling considerably under the posted speed limit. The arresting officer reported detecting a strong odor of alcohol coming from the driver along with blood shot and glassy eyes as well as slurred speech. Several field sobriety tests were administered while the client was inside the vehicle including the alphabet and finger dexterity tests. The arresting officer testified that the client failed both of those tests. When asked to exit the vehicle, the officer testified that our client was unsteady on his feet and swayed from side to side. As a result, the officer formed the opinion our client was intoxicated and placed him under arrest. Through effective cross examination of the officer and the production of the booking video, we were able to undermine the credibility and reliability of the Commonwealth’s evidence and the officer’s opinion of intoxication. In addition, our client and witness were well prepared to testify to the events of the evening creating reasonable doubt as to the Commonwealth’s case. The jury deliberated for approximately 30 minutes before returning a verdict of Not Guilty. The case was tried in the Ayer District Court.
