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MARLBOROUGH DISTRICT COURT

MARLBOROUGH DISTRICT COURT- OUI SECOND OFFENSE

Client is pulled over by a State Trooper in Hudson, Massachusetts for traveling 60 m.p.h in 40 m.p.h zone.  The Trooper notes a strong odor of alcohol on the clients breath and the client exhibits slurred speech and red, water glassy eyes. The client admits to drinking 3 beers earlier in the evening. As the client exits their vehicle to perform the Field Sobriety tests, the Trooper testified that the client stumbled and had to place his hands on the car for support. The client is unable to recite the alphabet as instructed.  On the nine step walk and turn the client is unable to walk a straight line, does not walk heel to toe as instructed and uses their arms for balance and the Trooper testified that the client failed this test as well. The client is asked to stand on one leg for thirty seconds and is unable to do this to the count of ten, where the trooper testified he ended the test for fear the client may fall over and injure himself.  Client is arrested and once put in the cruiser for transport back to the barracks, falls asleep and the Trooper testifies the he needs to yell at the client to wake him up when they arrive back at the barracks.  TRIAL VERDICT-NOT GUILTY

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