Commonwealth v. G.M., Newton District Court - OUI / DUI
At trial, the Commonwealth introduced evidence, through the testimony of a Massachusetts State Police Trooper, that the defendant had operated his vehicle in Newton and crashed into a concrete light pole (no other vehicles were involved in the accident).
The trooper, who had arrived on scene after the crash, told the jury that when he arrived he observed the defendant to be extremely unsteady on his feet; unable to maintain any balance; had slurred speech and spoke in a thick-tongued manner; and had blood shot and glassy eyes. The trooper also told the jury that the defendant admitted to having drank several alcoholic beverages and had to be guided and steered into the barracks and was evasive and confrontational following his arrest.
Meanwhile, the defendant had refused the trooper's request to submit to both field sobriety tests and a blood alcohol test, as was his right - and this evidence of his refusal was properly excluded from being introduce to the jury at trial.
The defendant testified in his own defense and, though he admitted to having drank two glasses of wine over dinner, maintained that he was not impaired by the alcohol and had simply lost control of the vehicle when he was abruptly cut off by another car. The defendant also explained that upon impact with the concrete light pole, the airbags in the car were deployed in his face. The trooper conceded that airbags are deployed with 'tremendous force" and could have explained why the defendant was dizzy and could not maintain balance when he arrived on scene.
After a short deliberation by the jury, the defendant was found NOT GUILTY of Operating Under the Influence of Alcohol.
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