August 19, 2017

Fitchburg OUI DUI DWI Defense – Not Guilty

Fitchburg District Court – DUI OUI DWI Attorney Riddle

Client a 43 year old male from Fitchburg, MA was charged with one count of Operating Under the Influence of Alcohol also referred to as OUI, DUI or DWI, and one count of a Marked Lanes Infraction.  The client was pulled over by a Massachusetts State Police trooper for crossing over the double yellow line in the road next to Fitchburg State University.  During questioning the client admitted to drinking four or five beers.  According to the trooper when he asked the client what time it was the client said 2:00 am, when it was only 12:00 midnight.  The client testified at trial that he said 12:00 and not 2:00.  The trooper testified he had to ask the client four times to produce his driver’s license.  Under cross examination from Attorney Riddle the trooper admitted that the client had pulled out his wallet and held it open with his license in plain view to the trooper and that he just kept asking the client for it so the client eventually just handed him his whole wallet.

The trooper testified the client had a very strong odor of alcohol, slurred speech, red, glassy eyes and was unsteady on his feet.  The trooper further testified that the client failed all of the field sobriety tests he administered to the client.  Under cross examination Attorney Riddle was able to elicit testimony from the trooper that approximately 300 college students gathered around with cell phones and video cameras during the client’s performance on the field sobriety tests.  Attorney Riddle elicited further testimony from the trooper that another officer from Fitchburg State University arrived on scene and that the two officers were joking around in front of the client that this was going to end up on YouTube.  None of the facts about the college students or another officer arriving on scene appeared in the trooper’s police report.

The client testified that English was not his primary language and he clearly spoke with an accent. The client was Laotian and spoke Laos as his primary language.   The client further testified that he became very nervous when pulled over by the trooper and that his nervousness only got worse over the course of his interaction with the trooper.  The client testified that he had been at a friend’s house for 7 hours eating dinner and watching football and that over the course of the seven hours he consumed four beers.  He testified that he was not under the influence and felt fine to drive.  He attributed crossing over the double yellow line to looking for his phone when it started ringing.  The client testified that he was so nervous and afraid he was going to end up on YouTube that he could not concentrate on the field sobriety tests.

Attorney Riddle argued to the jury that the client was not under the influence, it was a combination of the actions of the trooper and the client being a shy, timid and nervous person being filmed by 300 college students, which resulted in his poor performance on the field sobriety tests.

The jury returned a verdict of Not Guilty.

The Fitchburg DUI OUI DWI lawyers at our law firm serve the Worcester County region in all drunk driving charges including the areas of Lunenburg, Leominster, Fitchburg, Worcester, Gardner, Clinton, Bolton, Lancaster, Berlin, Acton, Concord, Greenfield, West Boylston, Marlborough, Northborough, Westborough, Groton, Shirley, Pepperell, Townsend, Ashby, Winchendon, Ashburnham, Templeton, Princeton, Ayer, Harvard, Worcester County, Middlesex County, Franklin County and surrounding communities in Massachusetts.

RIDDLE & ASSOCIATES, ATTORNEYS AT LAW
Fitchburg Leominster DUI OUI DWI Attorneys
344 Summer Street
Fitchburg, Massachusetts 01420

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