May 2018 - First Offense Not Guilty At Trial
After a pumpkin carving party, our client was pulled over because she had struck a telephone pole. Police officers responded to the scene and assumed my client was operating under the influence of intoxicating liquor. She refused Standardized Field Sobriety Tests but submitted to a Portable Breath Test (PBT), which produced a reading of .15% BAC. PBT results do not come into evidence in the courtroom. She did submit to the breathalyzer at the police department, though, and produced a reading of .14% BAC. Consequently, she was charged with OUI-Liquor, First Offense, Negligent Operation of a Motor Vehicle, and Speeding.
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.
Attorney Bernard took her case to trial. The breath test was not used as evidence due to the fact that there is a state-wide moratorium on the usage of breath tests as evidence in Massachusetts right now. Additionally, she did not appear to be under the influence of intoxicating liquor on her booking video and was very coherent. Attorney Bernard was able to skillfully cross-examine the police officer as well. The jury ruled a not guilty verdict for her charge of OUI-Liquor, First Offense. She was only found responsible for speeding. Negligent operation of a motor vehicle was also dismissed. Client was able to get her license back and keep her nursing license as well.