Fitchburg District Court
Client a 61 year old Fitchburg, MA man was charged with one count of operating under the influence of alcohol 2nd offense (OUI, DUI or DWI) also referred to as drunk driving.
The client was asleep in his truck, with the truck running and all the lights on and was pulled off to the side of a road in Westminster. A local police officer noticed the client while driving by and approached the client’s vehicle to investigate further. The officer noticed the client was sleeping and had his chin on his chest. The officer made observations that the keys were in the ignition and the vehicle was running and all the lights were on. The officer tried to wake the client by knocking on the door several times, but was unsuccessful. Eventually the client awoke to the knocking and the officer opened the door of the client’s truck.
Initially the officer was unable to determine what the client was saying as he was unintelligible. Eventually the officer was able to discern that the client had pulled over to rest for a while. The officer instructed the client to step out of the vehicle and perform some field sobriety tests. The client refused to perform any tests. The client did admit to drinking 6-10 beers. The client was arrested and elected to take a breathalyzer test whereupon he blew a .19, more than twice the legal limit.
Attorney Riddle tried the case to a jury and stipulated on the issue of the client being under the influence of alcohol. The issues presented to the jury were operation and public way. The government presented the arresting officer to testify in addition to playing a DVD from a camera mounted in the officer’s cruiser.
Attorney Riddle presented his client who testified that he had been fishing at a pond located within feet of his vehicle and that he drank a six pack while fishing and went in his truck to take a rest and must have fallen asleep. The client did not recall ever turning on the vehicle and swore that the keys were in his pocket. Attorney Riddle argued that his client should not be found guilty when he never actually drove his vehicle while he was intoxicated and argued further that one half of his client’s vehicle had been pulled off the pavement of the road. Attorney Riddle was able to present several facts which were sympathetic to the client during the trial.
The jury deliberated for about 25 minutes before returning a verdict of Not Guilty.
Fitchburg 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
Fitchburg DUI OUI DWI Defense Attorney
603 Massachusetts Avenue, Suite 2