28 George Washington Blvd
Hingham, MA 02043
James Geraghty’s recent cases in Hingham District Court:
December 2016 / January 2017
The officer was working a paid detailed and testified the defendant was operating his motor vehicle in the wrong lane of travel and stopped the defendant. The defendant admitted to having too much to drink tonight and should not have been driving, The office noted the defendant had slurred speech, red, water and glassy eyes as well as strong odor of alcohol emanating from his breath. CASE DISMISSED
The defendant was seen backing her car into another motor vehicle and then entering a liquor store. When the police arrived the defendant was staggering out of the liquor store and entering her motor vehicle. The defendant could not recite the alphabet in the correct order and could not walk a straight line or balance on one foot. The defendant reeked of alcohol and had severely slurred speech. NOT GUILTY TRIAL VERDICT
The defendant was stopped for several lane violations on route 3 south in the town of Marshfield. She had slurred speech and thought she was in Braintree when asked is she knew where she was. The defendant admitted to being out at a club all night in Boston and drinking for several hours. The trooper noted the defendant had slurred speech, red water glassy eyes and a strong odor of alcohol on her breath. The defendant was not cooperative and combative with the trooper. NOT GUILTY TRIAL VERDICT
The officer reported that after responding to a motor vehicle accident, he saw that a car had crashed into a utility pole and the utility pole was broken in half and laying on the roof of the car. The officer stated he spoke to the client who was standing outside of the car on the opposite side of the road and he stated he was “fine” when asked. The officer stated the client had slurred speech, was unsteady on his feet and swaying back and forth, there was a moderate odor of alcohol coming from his breath, he admitted drinking a “couple of beers” when asked and had to be physically steadied by the officer as he was swaying back and forth so much while speaking with the on-scene fire fighters. The officer reported the client could not say the alphabet or count backwards as instructed and could not complete the one leg stand field sobriety test and failed the walk and turn field sobriety test. CASE DISMISSED
The officer testified she was dispatched to a motor vehicle accident and on arrival, saw that a utility pole had been snapped in half and was hanging over the street and a car was in the middle of the northbound lane facing south. The officer stated the client was sitting in the passenger’s seat and she did not know where the operator was. The officer testified that due to heavy front-end damage, the client exited the vehicle by climbing over the driver’s seat and exiting the driver’s door. The officer stated her appearance was disheveled, she had soiled feet and tousled hair, she was unsteady on her feet as she stood beside the officer, was incoherent when asked questions, said she didn’t know where the keys to the car were even though they were in her hand, she smelled of alcohol and had glassy eyes. The officer testified the client did not count as instructed and failed the one leg stand and walk and turn field sobriety tests. NOT GUILTY
The officer reported that after responding to a report of an erratic operator, he saw the client driving straight with his blinker on, then saw him swerve over the center line and then make a very wide turn over the centerline, forcing an oncoming car to pull to the right to avoid a collision. The officer stated that prior to pulling over, the client again crossed over the centerline before stopping. The officer reported the client’s eyes were red, glassy and unable to focus, he had slurred speech, smelled strongly of alcohol, was very unsteady on his feet while getting out of his car, using his door for support, stumbling in the process, could not say the alphabet or count backwards as instructed and failed the walk and turn field sobriety test. CASE DISMISSED
The officer reported that after responding to a report of an erratic operator, he spoke with a witness who said the client got out in front of his business, urinated in the street, then got back in his car, made a U-turn, struck the curb on the opposite side of the road, then after turning around in a residential driveway, he parking on the side of the road. The officer stated there was engine fluid on the street, the client’s vehicle had a flat front passenger tire and while knocking on the door of the residence, noticed two people, arguing on the street. The officer reported the client was staggering from side to side, swung his arms wildly, denied driving when asked stating the female with him was the driver, had a bottle of Captain Morgan in his back pocket, and fell down when a second officer began to escort him to his cruiser after placing him into custody for his safety. The officer reported he placed him under arrest after a witness described the operator and the description matched the client’s. The officer stated that prior to booking, the client was laughing, loud and animated, had slurred speech and smelled strongly of alcohol. CASE DISMISSED
The officer testified that he was dispatched to an accident where a car had struck a utility pole and on arrival, smelled alcohol on the client’s breath, noticed she had bloodshot and glassy eyes and appeared a little unsteady on her feet, and when asked, admitted drinking. The officer stated the client could not say the alphabet as instructed, could not do the one leg stand field sobriety test, did not tilt her head and started too soon on the finger-to-nose test, and refused to complete the walk and turn field sobriety test. NOT GUILTY
The officer reported she was dispatched to an accident and upon arrival, saw the client had struck a cement post and was standing outside of her vehicle. The officer stated the client was unsteady on her feet, she had slow and deliberate speech, had difficulty finding her license and registration, admitted taking a couple Ambien approximately 2.5 hours and failed the walk and turn and one leg stand field sobriety tests. CASE DISMISSED
The officer reported the client failed to stop at a stop sign and after making a right turn, crossed over the double yellow lane marker approximately 12 inches into the oncoming lane. The officer stated there was a loud scraping sound coming from underneath the client’s car and after observing her make another lane violation, decided to stop the client. The officer reported that the client failed to stop for almost a mile eventually pulling into a Dunkin’ Donuts parking lot. The officer stated that when asked for her registration, the client passed him a dinner plate with a sandwich on it that was located near the glove box, but was unable to produce the registration. The officer reported the client smelled slightly of alcohol, had very glassy, heavy, reddish eyes, slurred speech and was very unsteady on her feet, and almost fell over several times, while exiting. The officer stated the client failed the walk and turn field sobriety test and could not compete the walk and turn field sobriety test. CASE DISMISSED
The officer reported the client turned the corner at a high rate of speed, crossing over the fog line with both passenger-side tires, then drifted within his lane eventually crossing over the double-yellow lines with his driver-side tires. The officer stated that the client did not stop right away after he activated his emergency lights and noticed, once he did stop, very red, glassy and bloodshot eyes, admitted drinking two beers, could not follow directions, and once at the back of his vehicle, noticed a strong odor of alcohol coming from his breath. The officer stated the client failed the walk and turn and one leg stand field sobriety tests, could not count backwards as instructed and could not be understood due to his slow and slurred speech while saying the alphabet. CASE DISMISSED
The officer reported he tried stopping the client for driving without headlights but the client kept driving at 10 mph eventually pulling into a driveway and getting out and leaning on his car for balance despite the officer’s command to get back in his vehicle. The officer stated the client refused to get back in his car, had very slow and slurred speech, was swaying back and forth, at times, leaned against his car for balance, smelled strongly of alcohol when the officer approached him and had very glassy, red and bloodshot eyes. The officer reported that the client was unsteady on his feet while being placed under arrest after being placed under arrest, had to be held up while being escorted to the officer’s car, stumbling several times and could not process how to get into the officer’s car. CASE DISMISSED
The officer testified that he stopped the client for going 104 MPH in a 60 MPH zone. The officer stated the client stared blankly after being asked for his license and registration, was unable to produce identification when asked again, admitted drinking a “few drinks” and, after being asked to exit, was unsteady and used his car for guidance while walking. The officer testified the client smelled strongly of alcohol, had slurred speech, glassy eyes and unbuttoned and unzipped pants. The officer further testified that the client failed the one leg stand and walk and turn on the field sobriety tests and could not say the ABC’s or count backward as instructed. NOT GUILTY
Client is pulled over at 10:55 p.m. for traveling 55 m.p.h. in a 35 and is traveling in the wrong lane. The officer questions the client as to his whereabouts that evening and the client responds that he is coming from a house party and had four drinks. The officer notes a strong odor of alcohol coming from the clients breath, and the client has slurred speech, red water glassy eyes and is unsteady on his feet when he exits the vehicle. The client is unable to state the alphabet from A-Z, missing s,t,u,v, he is unable to count backwards from 100-88, missing 99 and 89. On the balancing field sobriety tests, the client is unable to walk a straight line or touch his heels to toes when he walks. The client also raises his arms for support during the nine step walk and turn test and in unable to balance on one leg for more than three seconds during the one legged stand flied sobriety test. TRIAL VERDICT – NOT GUILTY
Client is observed driving in an erratic manner by a motorist who is following the client, the concerned motorist calls 911 and reports the erratic operation to the local police. When the police respond the client is in the driveway of their home seated in the car. The police observe clients speech to be slurred with a strong odor of alcohol emanating from the clients breath. Client admits to drinking at lunchtime and taking prescription medication. Client then asks to use the bathroom in their house, when the client does not return the police enter the house without a warrant and arrest the client charging her with DWI Felony Third Offense. VERDICT – MOTION TO DISMISS ALLOWED – CASE DISMISSED
Client’s car is located in a ditch in the median between the north and southbound lanes of route 3. The client is out of the car when the Massachusetts State Trooper arrives but admits to driving and falling asleep at the wheel. The state trooper testifies that the client exhibited all signs of impairment, i.e. slurred speech, red watery glassy eyes and a strong odor of alcohol and unsteadiness on his feet. The trooper conducted all standardized field sobriety tests, including the nine step walk and turn and the one legged stand, which the trooper indicated the client failed. The client testified that he had left work at 11:00pm and went to a Christmas party at a bar in Quincy and had a few drinks, then while driving home fell asleep at the wheel. JURY TRIAL VERDICT – NOT GUILTY
Client is stopped for driving on the wrong side of the road for a 1/4 mile. According to the arresting officer client had bloodshot eyes, slurred speech and is unsteady on their feet, client also smells of marijuana. Client is asked to step out of the car and perform field sobriety tests, all which the client fails according to the police officer. Officer testifies client cannot hold leg up for more than 7 seconds and cannot walk in a straight line. After being placed under arrest, client is searched and located in his pocket was a marijuana cigarette. NOT GUILTY ON ALL COUNTS.
Client flips his car over and it rolls four or five times. When police arrive client is outside the vehicle and the police officer asks the client what happened. The client says “what do you think happened, I crashed my car”. The client is unsteady on his feet, has slurred speech and there is a strong odor of alcohol on his breath according to the police officer. The client fails all faield sobriety tests given to him and is arrested and charged with operating under the influence of alcohol (OUI) and operating to endanger. VERDICT – NOT GUILTY.
Client arrested after cell phone caller reported erratic operation, client fails all field sobriety tests and can not get past “E” on the alphabet test. Client takes breathlyzer back at the police station with a reading of .15. CLIENT FOUND NOT GUILTY AFTER TRIAL.
Client is pulled over for speeding and is unable to produce a license and registration when the officer asks. Client admits to drinking several beers earlier in the night and has difficulty exiting the vehicle when asked by the officer. Client can not perform the field sobriety tests as instructed by the officer. The client is asked to perform both the one-legged stand and the nine step walk and turn in bare feet and it is the officers opinion that the client is intoxicated. TRIAL VERDICT – NOT GUILTY.