Leominster District Court
Client a 37 year old Fitchburg, MA woman was charged with operating a motor vehicle under the influence of alcohol (DWI OUI DUI) and a marked lanes violation. Client was pulled over by the state police at 3:00am after receiving a call from a concerned citizen about the client operating erratically. The state police caught up with client’s vehicle and observed client to cross over the lines in the highway. The Trooper made observations of the client including bloodshot, glassy eyes, slurred speech, and odor of alcohol and unsteadiness on her feet.
The client admitted to having two drinks and agreed to perform field sobriety tests. According to the Trooper the client failed all of the tests. The client was arrested and elected to take a breathalyzer test, which registered a .16, exactly two times the legal limit. Attorney Riddle aggressively pursued the records for the breath test machine which the state is required to maintain to prove that the machine was working in proper order at the time the test was given. After the Court ordered the records be turned over and the government failed to turn them over after several requests, the Court ordered the exclusion of the breath test from the trial of the case.
Attorney Riddle tried the case jury waived. Attorney Riddle argued based on the evidence presented at trial that the client’s performance on the filed sobriety tests was due to her having a broken foot, which was recently operated on, her having had gastric bypass surgery and recently lost 175 pounds and her having to perform the tests in her bare feet, because her only footwear were boots with 4 inch heels. Despite these impediments the client performed reasonably well on the tests.
The concerned citizen never appeared for trial as a witness so the testimony concerning erratic operation never came before the Court. The only evidence came from the Trooper that he observed the client cross over a marked lane, which is a civil infraction.
The client was found Not Guilty of the Operating Under the Influence of Alcohol (DUI OUI DWI) and found responsible on the civil marked lane infraction and assessed the minimum fine of $100.00.
Fitchburg, MA DUI OUI DWI defense lawyers serve the Central Massachusetts region 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
Fitchubrg DUI OUI DWI Defense Attorney
603 Massachusetts Avenue, Suite 2