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Barnstable OUI District Court

July 2013 - Barnstable District Court – The officer reported that after he observed the client cross the double yellow centerlines and executed a traffic stop, he observed the client to have red and glassy eyes, slurred speech and there was an odor of alcohol coming from his breath. The officer stated in his report that the client exited aggressively, slammed the door and refused more than three times to stand in a safe area behind his car with his feet together and arms down by his side as well as refused to perform the one leg stand and walk and turn field sobriety tests. The officer further stated in his report that the client was uncooperative and unsteady on his feet during booking – he pulled away while being escorted, made threats against the officer and used profanity. – CASE DISMISSED

 

BARNSTABLE DISTRICT COURT-.08 Breath Test-CASE DISMISSED

Client is pulled over at a sobriety checkpoint by the Massachusetts State Police and is ordered out of his vehicle to perform field sobriety tests. The client admits to drinking earlier in the week and the arresting officer notices a strong odor of alcohol on his breath. The client is unable to complete the standardized field sobriety tests to the officers satisfaction and is arrested. The client elects to take the breath test with a reading of .08. CASE DISMISSED

Client is located parked on the front lawn of a funeral home, passed out with the keys in the ignition and the engine running. I takes two officers several minutes of knocking on the window to wake the client up. The client is asked to step from the vehicle when police notice an empty bottle of wine on the floor of the drivers side and wine in a cup in the center console cup holder. Client tells police they pulled over and passed out because they were unable to drive. Client had slurred speech, strong odor of alcohol, unsteady on their feet and the officer expresses a strong opinion the client is highly intoxicated. TRIAL VERDICT - NOT GUILTY - LICENSE REINSTATED.

 

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