Leominster District Court
Client a 41 year old male from Leominster, MA was charged with one count of Operating Under the Influence of Liquor 2nd Offense also referred to as OUI, DUI or DWI, and a civil infraction of improperly registered motor vehicle.
The client was pulled over at 12:40am at a “Sobriety Checkpoint” on Rt. 12 in Leominster, MA. The trooper made observations of a moderate odor of alcohol, watery, bloodshot eyes, and the client made an admission to consuming three beers.
The client was administered three field sobriety test, which according to the Trooper he failed. The client was also offered a preliminary or portable breath test (which is not admissible into evidence) which read a .15, almost two times the legal limit.
Attorney Damian Riddle tried the case jury waived. After cross-examination of the trooper and argument on the deficiencies of the Commonwealth’s case, the Court found the client Not Guilty. After trial the Court allowed Attorney Riddle’s motion to restore the client’s driver’s license.
Result: Client found Not Guilty