Ayer District Court

DUI Lawyer James Geraghty’s recent cases in Ayer District Court

August 2015

The officer reported that after being on the lookout for the client’s car due to reports of erratic operation, he saw him stop at the top of a highway exit ramp. The officer further reported that after the client looked at the officer, he drove into the first, then second travel lane, almost rear ended the car in front of him and did not respond to the officer’s air horn even after three times. The officer stated the client stopped when the officer pulled in front and to the right of the client’s car while motioning for him to pull over. The officer further stated that after approaching the client, the officer noticed there was a strong odor of alcohol, the client admitted having a few beers, he used his car for support while exiting and, while walking, used the officer’s cruiser to steady himself, could not stand on his own with his hands by his side, and could not do the walk and turn and one leg stand field sobriety tests. CASE DISMISSED

December 2014

The officer reported that he followed the client due to it being an unfamiliar vehicle in a residential area with which he was familiar and, while following, saw the client pull out onto the wrong side of the street and after pulling to the proper side of the street, rode on the double and dashed yellow lines in the center of the road several times and reached 51 mph. The officer stated that after stopping the client for speeding, he smelled a strong odor of alcohol, noticed the client was chewing gum, the client admitted drinking three beers when asked, had very red, bloodshot and watery eyes and a flushed face. The officer further reported the client failed the walk and turn and one leg stand field sobriety tests and once at the police station, admitted to drinking more than three beers. BAC 0.10. CASE DISMISSED

May 2014

The officer reported that the client left the scene of an accident and drove to a residence, where he determined, after speaking to people inside the home and witnesses outside the home, that the woman who smelled of alcohol and was walking her dogs in front of the home was the operator involved in the accident. The officer stated her eyes were glassy and bloodshot, she was unsteady on her feet, and would not cooperate with officers. CASE DISMISSED

FOURTH OFFENSE – OUI. Client was pulled over for a marked lane violation. When the officer approached the vehicle, the officer noticed vomit all over the drivers side door and on the steering wheel. The officer asked the client if they had been drinking and the client indicated they had 2 or 3 three beers.  Once outside of the car, the client failed the alphabet test. In attempting the one legged stand, the client nearly fell over after telling the officer they had a bad knee.  The client was then arrested and charge with a Felony Fourth Offense Drunk Driving Charge. After a Jury Trial the client was found NOT GUILTY.

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