OUI Defense Attorney | James P. Geraghty - Boston Massachusetts OUI DUI DWI Defense Lawyer

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Nantucket District Court

DUI Lawyer James Geraghty's recent cases in Nantucket District Court

Nantucket District Court
Town and Country Building - 2nd Floor
16 Broad Street
P.O. Box 1800
Nantucket, MA 02554

 

NANTUCKET DISTRICT COURT-.20 Breath Test-CASE DISMISSED

Client is pulled over for crossing the double solid lines on three occasions in a mile stretch of road. The officer observes the client to have slurred speech and red watery glassy eyes in addition to a strong odor of alcohol on his breath.  The client is unable to produce his license and registration and is unsteady on his feet when he exits the vehicle. The client is unable to complete the standardized field sobriety tests and is subsequently arrested and charged with Operating Under the Influence. The client elects to take the breath test and registers a reading of .21.  The breath test is excluded from evidence after a motion to suppress evidence is allowed as the police did not follow proper procedure in administering the breath test.  The prosecutor then dismisses the entire case.   

CASE DISMISSED 

Client is pulled over for weaving over the yellow centerline and white fog line.  Client is unable to produce registration of vehicle and the officer notices a strong odor of alcohol on the clients breath as well as slurred speech and red, watery and glassy eyes. Client fails the Alphabet test by not being able to recite the alphabet from A-Z. The client fails the one legged stand test by not being able to hold his leg up for the more than 5 seconds (the requirement is 30 seconds). The client also fails the counting backwards test in that the client cannot count backwards correctly from 97-77. The client is videotaped back at the police station. 

JURY VERDICT-NOT GUILTY.

 

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