Operating Under the Influence of Alcohol 2nd Offense

Fitchburg District Court

Client a 52 year old Lunenburg, MA man was charged with operating under the influence of alcohol 2nd offense.

Bolton police were called to a convenience store parking lot to report that the client slammed into a barrier and then appeared to be passed out behind the wheel with the keys in the ignition and the engine running.

Police reportedly had difficulty waking the client, then the client appeared to be confused and began making statements that made no sense.  Client refused to perform any field sobriety tests and refused the breathalyzer test.

During a jury waived trial Attorney Riddle presented evidence that the client had worked approximately 120 hours in a ten day period between two jobs as a respiratory therapist.  Client stopped off at a restaurant for one beer after work with friends.  After leaving the restaurant client was stuck in gridlock traffic on the highway due to a heavy snowstorm.  Client pulled off at the convenience store because he was simply exhausted and did not want to fall asleep while driving.

Attorney Riddle offered photos and testimonial evidence at trial that it would have been impossible for client to have slammed into the barrier in the parking lot, otherwise the plastic covering on client’s bumper would have cracked and no such damage existed.  Attorney Riddle further argued that client was simply exhausted from lack of sleep and the one beer he consumed was simply not a contributing factor to his condition.

Client was found not guilty and Attorney Riddle was able to get the client’s driver’s license restored immediately.

Riddle & Associates’ criminal 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.

Worcester County Criminal Defense Lawyers
603 Massachusetts Avenue, Suite 2
Lunenburg, Massachusetts

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Categories: Cases and Verdicts.