Operating Under the Influence of Drugs; Orleans District Court; Commonwealth v. B.J.; January 23, 2024

While on patrol, Dennis Police officers observed the Defendant traveling at speeds well below the posted speed limit, weaving within the lane of travel, and crossing over both the yellow dividing lines and white fog line. The officers conducted a motor vehicle stop and observed an odor of alcohol and an odor of marijuana coming from inside of the car. The Defendant admitted consumption of both marijuana and alcohol and was thereafter asked to perform a series of field sobriety tests. At the conclusion of the tests, the Defendant was arrested for operating under the influence.

Notwithstanding all of the above, the Commonwealth was unable to meet the heavy standard of proof beyond a reasonable doubt and the case against the Defendant was dismissed. 

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