Leominster District Court
Client a 28 year old man from Fitchburg, MA was charged with operating under the influence of alcohol.
Police encountered the client at a road block sobriety checkpoint in Leominster, MA. After the state police noticed a strong odor of alcohol and glassy eyes and the client admitted to consuming alcohol the state police directed the client over to a parking lot for further examination. There a different state trooper made observations of red and glassy eyes, a strong odor of alcohol, slurred and thick tongued speech and the client admitted to having 4 beers. The trooper alleged the client was unsteady on his feet and used the door to maintain his balance in exiting his vehicle. Police further alleged the client failed all four field sobriety tests he was administered. The client elected to take a breathalyzer test and registered a .09 just above the legal limit.
Attorney Riddle tried the case jury waived and highlighted the fact that the police observed no erratic operation or civil driving infractions and that the client merely came across a roadblock. That despite the police determination that the client failed all of the field sobriety tests that he actually performed marginally well on them. Attorney Riddle reminded the Court that the tests are standardized for the average citizen and that his client was far from a standard individual at 6’2” and 290 lbs. and having undergone surgery on his leg. Finally Attorney Riddle argued to the Court that despite a breath test reading of .09 that the government needs to prove what his client’s blood alcohol level was at the time he was driving, which was approximately one hour before.
Attorney Riddle argued based on the evidence at trial that there was a reasonable doubt as to whether the client was under the influence at the time he operated the motor vehicle.
The judge returned a verdict of not guilty.
Leominster MA OUI 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
Leominster MA OUI Defense Attorney
603 Massachusetts Avenue, Suite 2