Commonwealth v. B.K., West Roxbury Division of the Boston Municipal Court
Upon approaching the defendant's vehicle, the Massachusetts State Trooper claimed he smelled a 'strong odor of alcohol' and ordered the defendant out of the car. According to the Trooper, not only did he 'stumble' out of the car and have blood-shot eyes and slurred speech, the defendant allegedly failed several Field Sobriety Tests.
The defendant truthfully told the State Trooper that he was returning home from a bar in Boston's Back Bay, that he did have two drinks, but maintained that he was not drunk or 'impaired' to the degree to affect his ability to operate his car in a safe manner. Having previously been convicted of two prior DUI/OUI's, the defendant refused the Trooper's request to take the Breathalyzer Test.
He was ultimately arrested on site and charged with Operating Under the Influence of Alcohol, 3rd Subsequent Offense. If convicted, the defendant was facing a minimum sentence of not less than 180 days and up to 2.5 years in the House of Corrections, along with a suspension of his Driver's License for 8 years.
After Jury Trial, the defendant was found NOT GUILTY of DUI/OUI, and his driver's license was restored within three months thereafter.
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