The client was stopped for several marked lanes violations by a Charlton Police Officer at approximately 1:00 am on Rt. 20. The officer testified that he detected the odor of alcohol on the breath of the client, that his speech was slurred, and that his eyes were glossy. The officer testified that the client was unable to satisfactorily perform the field sobriety tests and that the client nearly fell over while performing the one leg stand test. During cross examination of the Officer, Attorney Murray introduced into evidence numerous photographs depicting the dangerous, high traffic area where the field sobriety tests were administered diminishing the reliability of the tests and the opinion of the Officer. Additional evidence including the booking video of the client further discredited the Commonwealth’s case. The jury, which was comprised of 1 male and 5 females deliberated for approximately 25 minutes before reaching not guilty verdicts on both OUI and Negligent Operation of a MV. The case was tried in the East Brookfield District Court.
