April 2018 - First Offense Not Guilty After Trial
My client was involved in a motor vehicle crash on the highway due to him looking down at his cellphone while coming back from a Patriots game. The police officer asked my client to submit to Standardized Field Sobriety Tests, which he did. He performed the HGN, 9 Step Walk and Turn, One Leg Stand, and Recitation of the Alphabet. He also submitted to a portable breath test (PBT), which resulted in a .132% BAC. He also submitted to the breathalyzer at the police department, which resulted in a .138% BAC. He was ultimately charged with OUI-Liquor, First Offense; a State Highway-Traffic Violation, and Operator Sending/Reading an Electronic Message.
Imprisonment for not more than 2 1/2 years, or not less than $500, or both, plus $50 Victims of Drunk Driving Assessment, $250 Head Injury Assessment, and license revoked for 1 year.
Due to Attorney Bernard's work in Commonwealth v. Ananias, there is a state-wide moratorium on the use of breath tests being brought into the evidence in Massachusetts. Therefore, client's breath tests results were not brought into evidence at trial. Attorney Bernard was also able to successfully cross-examine the police officer on the Standardized Field Sobriety Tests and the notes the officer took during them, which he did not. All of this caused the jury to find the client not guilty for OUI-Liquor, First Offense, and his entire case was dismissed.