2-6-18 Worcester Client found Not Guilty

February 7, 2018

 

 

Client was charged with OUI in Westborough District Court. A state trooper testified that in July of 2017 that he saw the client drive his car 35 mph in a 65 mph zone. That he saw the client swerve his car out of the lane then didn't pull over right away when he was following his car. The officer then testified that the client had an odor of alcohol on his breath, blood shot glassy eyes, and seemed out of it. The trooper asked for license and registration in which the registration was not given right away and seemed confused.

 

The trooper then asked the client to step out of the car in which he wasn't able to do so without holding onto the car. He then stated the client needed to use the side of his car to guide himself to walk. He testified that the client performed extremely poorly on the one legged stand only being able to hold his foot up for a few seconds at a time. After three attempts all with poor results, the trooper made the determination that the client failed that test. The second test that the client was asked to perform was the 9 step walk and turn. The officer testified that the client wasn't able to stand heel toe during the instructional phase and performed the test poorly once it began. The trooper stated the client at first refused to admit to drinking alcohol and then later on admitted consuming alcohol. The trooper also stated that he offered the alphabet and counting field sobriety tests which the client stated he would not be able to do.

 

After Attorney Chan crossed examined the trooper and entering evidence on his client's behalf the jury was considering the verdict for approximately 45 minutes. After 45 minutes the jury decided to find the client not guilty with an unanimous verdict.

 

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