June 25, 2017

Fitchburg MA – Not Guilty of OUI DUI Charges

Fitchburg District Court

Client a 24 year old male from Townsend, MA was charged with Operating Under the Influence, also known as DUI, DWI or OUI, Negligent Operation of a Motor Vehicle, Failure to Wear a Seatbelt and a Miscellaneous Municipal Ordinance Violation.

The client was pulled over in his vehicle by a member of the Fitchburg police department.  The officer made observations of traffic violations and behavior by the client as he observed him enter and exit a liquor store, which caused him to decide to pull the vehicle over.

The officer made observations of a very strong odor of alcohol, very glossy eyes, and an apparent inability to comprehend simple requests.  The client admitted to drinking two beers.  The officer administered four field sobriety tests to the client which according to the officer he failed.

The officer placed the client under arrest and searched his vehicle.  During the search the officer found three open bottles of alcohol in the vehicle.  The client elected to take a breath test and registered a .11, in excess of the legal limit.

Attorney Riddle scheduled the case for a jury trial.  On the day of trial the client and Attorney Riddle elected to try the case jury waived .  Attorney Riddle was able to exclude the breath test result from trial due to the Commonwealth being unable to lay a proper foundation for its admission.  After cross-examination of the officer and argument of Attorney Riddle the Court found the client Not Guilty of Operating Under the Influence and of Negligent Operation.

Result: Client found Not Guilty of all criminal charges.