February 27th 2020
Operating Under the Influence of Alcohol or %.08
Negligent Operation of a Motor Vehicle
Client was a retired registered Nurse (R.N) who was charged with Operating Under the Influence of Alcohol and Negligent Operation of Motor Vehicle. According to Police, they witnessed her driving in a way that was inconsistent with normal driving. At a very late hour, client was coming home from a date and wanted to say hello to an officer who had helped her many years ago. It was actually defendant who stopped to talk to the police who were monitoring traffic. The police asked questions and noticed that she had slurred speech, bloodshot eyes, and smell of alcohol on her breath. The police had legitimate concerns and wanted to administer field sobriety test. While the client was being administered the test, the noticed she was unsteady on her feet. According to Police, she did not satisfactorily pass the test. In the end, she was arrested, and the case was placed on for trial. The court was unable to reach the case on the day of trial. And after four separate trial dates where either the client or the Commonwealth was not ready, the case was finally reached on the 5th scheduled trial date. On this date the only charge the Commonwealth proceeded on was OUI as they had dismissed the Negligent Operation charge prior to trial. However, in the end, after hearing all the evidence and the defendant testifying in her own defense, she was found NOT GUILTY and a motion to return her license was ALLOWED, after trial.
RESULT: NOT GUILTY ON THE OUI CHARGE and a Motion to Return the LICENSE ALLOWED.
