Leominster District Court
May 6, 2011
Client a 40 year old Worcester, MA man was charged with one count of operating under the influence of alcohol (OUI, DUI or DWI), two counts of possession of a class E substance and speeding.
The client was pulled over by a state police trooper on Rt. 2 in Leominster for speeding at 3:00 am. The trooper observed a strong odor of alcohol coming from the passenger compartment of the motor vehicle, and bloodshot and glassy eyes and slurred speech on the client. The client admitted to having two beers. The trooper asked the client to step from the motor vehicle and perform some field sobriety tests to which the client consented. The client was given a full battery of tests including the one leg stand, the nine step walk and turn, the horizontal gaze nystagmus, the alphabet test, counting backwards from 58 to 42 and the finger to nose test.
According to the trooper the client failed all of the tests. During his cross-examination and closing argument Attorney Riddle highlighted what the client did properly on the tests and pointed out some areas that the tests were improperly administered by the trooper. Attorney Riddle was able to preclude the introduction of any testimony on the horizontal gaze nystagmus because the Commonwealth was unable to produce an expert to testify about the subject matter of that particular test.
The client was ultimately arrested and during a search of his pockets the trooper discovered a muscle relaxant pill and a Motrin 800 pill. The client admitted to taking a muscle relaxant pill earlier in the evening and not having a prescription for either class E substance. The trooper also found a smoking pipe with a small amount of class D substance or marijuana in it.
Prior to trial Attorney Riddle negotiated a plea with the Commonwealth whereby they would Dismiss one count of possession of class E substance and the client would take a continuance without a finding or CWOF on the remaining count of possession of a class E substance and be placed on unsupervised probation for six months.
Attorney Riddle then tried the operating under the influence of alcohol (OUI, DUI or DWI) charge by a jury waived trial. The client was found Not Guilty on that charge. Attorney Riddle immediately filed a motion to restore the client’s MA driver’s license, which was allowed by the Court. The client was found responsible and fined $100.00 on the speeding infraction.
Leominster, 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.