June 25, 2017

Charged with DUI OUI at Checkpoint in Leominster MA

Leominster District Court

Client a 21 year old female from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 1st Offense also referred to as OUI, DUI or DWI.

The client was pulled over by a state police trooper after she entered a sobriety checkpoint on Rt. 12 in Leominster.

The trooper made observations of a strong odor of marijuana coming from the vehicle, an odor of alcoholic beverage, bloodshot, glassy eyes and slurred speech.  The client was administered four field sobriety tests, which according to the trooper she failed.  The client also admitted to consuming three beers.

The client elected to take a breath test and registered a .10.  During the pendency of the case Attorney Damian Riddle requested all of the documents relative to the particular breath testing device used to test the client’s blood alcohol content or BAC.  After multiple failures by the government to produce the documents Attorney Riddle was able to have the Court order the breathalizer test result excluded.

Attorney Riddle scheduled the case for a jury waived trial and after cross-examination and argument of counsel the Court found the client Not Guilty.

Result: Client found Not Guilty