January 2018 - First Offense Found Not Guilty At Trial
My client was originally involved in a motor vehicle accident, which caused police officers to respond to the scene. The police officers assumed my client was under the influence of alcohol and him perform Standardized Field Sobriety Tests. My client submitted to a Portable Breath Test as well as the Breathalyzer at the police department. The machine reported a reading of 0.14% BAC.
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.
I filed a motion to suppress the breath test so it was unable to be used as evidence in court. Additionally, I successfully argued that the Commonwealth was unable to prove beyond a reasonable doubt that the client was the individual operating the motor vehicle. Consequently, he was found not guilty for OUI-Liquor, First Offense.