August 19, 2017

Operating Under the Influence and Disorderly Conduct

Fitchburg District Court

Client a 23 year old Holden, MA woman was charged with Operating Under the Influence of Alcohol and Disorderly Conduct.

The client had consumed some alcohol with her boyfriend and others at a St. Patrick’s Day parade.  After getting in an argument with her boyfriend the client was very emotional. As the client was driving home she saw her boyfriend in another car at a traffic light, she pulled her car over to speak with him but he drove off and she again became very emotional.  Client left her car by the road and the police responded quickly.

As the police approached her vehicle the client jumped back in her car and tried to drive away.  The officer grabbed the client through an open window and a struggle ensued in the street.  Police found an open bottle of liquor in the car, testified she failed all field sobriety tests and claimed she was heavily intoxicated and emotional.

Attorney Riddle presented evidence at trial that the client had only consumed two beers earlier in the day and the client was simply emotional from the argument with the boyfriend.  Attorney Riddle further presented evidence and argued that the police officer used excessive force on his client and handled the incident in a very rash and aggressive manner.

After a jury trial the client was found Not Guilty of Operating Under the Influence and Guilty of Disorderly Conduct.  Her punishment was a $100 fine.