Fitchburg District Court
Client a 58 year old male from Fitchburg, MA was charged with one count of Operating Under the Influence of Liquor 4thd Offense also referred to as OUI, DUI or DWI, and Operating a Motor Vehicle with a Suspended License.
The client was pulled over on a public way in the City of Fitchburg while operating his moped.
The client was administered four field sobriety tests, which according to the Fitchburg police officer he failed. The client also admitted to consuming two “joints” and two beers.
Attorney Damian Riddle filed a Motion to Dismiss the case because the Commonwealth could not prove an essential element to both charges that the client was charged with. One of the essential elements in every operating under the influence case that the Commonwealth must prove beyond a reasonable doubt is that the defendant operated a motor vehicle. Motor vehicles are defined under the Massachusetts general laws. Attorney Riddle argued to the Court in his Motion to Dismiss that mopeds are specifically exempt from the statute which defines motor vehicles.
The Court agreed with Attorney Riddle and allowed his motion and dismissed all of the charges against the client.
Result: Charges Dismissed