October 2017 – OUI – Jury Trial – Not Guilty – Fitchburg District Court

Our client was charged with Operating Under the Influence of Alcohol stemming from a motor vehicle stop by the State Police at approximately 2 am on Route 495 in Bolton.  The stop was initiated when the arresting Trooper came upon a vehicle which was running but parked in the breakdown lane of the highway.  Several seconds after pulling behind the vehicle, the Trooper testified that he observed our client exiting the wood line while zipping up his pants and enter the vacant driver’s seat of the vehicle.  The Trooper testified that he then approached the vehicle and observed a female who appeared to be heavily intoxicated located in the backseat of the vehicle.  He also observed signs of intoxication of our client.  An ambulance was eventually called for the female backseat passenger. The Trooper ordered our client out of the vehicle and had him perform field sobriety tests which he failed.  He was then placed under arrest and brought back to the barracks where he was observed to have vomited in his cell.  Through cross-examination, the Trooper conceded that he never asked our client if he drove the vehicle to the parked location and that he did not know how long the vehicle had been on the side of the road before he came upon.  He additionally acknowledged that he did not know who drove the vehicle to the location.  And although the Trooper testified that the vehicle was running when our client sat in the driver’s seat, he conceded that our client did not manipulate the vehicle in any way after entering it.   Through cross examination and closing argument, we were able to argue that there was reasonable doubt as to who had operated the motor vehicle.  The jury deliberated for approximately 1 hour before returning a verdict of Not Guilty.

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