CASE DISMISSED
Operating Under the Influence of Alcohol, Fourth or Greater Offense; Newburyport District Court; Commonwealth v. D.G.; June 27, 2024.
Salisbury Police were dispatched to investigate a report of an intoxicated male party causing a disturbance at a local restaurant. Upon their arrival, the investigating officers located the Defendant and his friend; both heavily intoxicated. The Defendant, shirtless and unsteady, smelled heavily of alcohol, presented with bloodshot eyes, and spoke with slurred speech. After the Defendant failed to successfully perform roadside field sobriety tests, he was placed under arrest and transported to the police station for processing.
Attorney Ciraulo drafted, filed, and argued a Motion to Suppress the "stop" of the automobile within which the Defendant was an occupant. Attorney Ciraulo argued that the "stop" of the car was illegal, without the requisite reasonable or probable cause, and was therefore constittutionally impermissible. The Court agreed and the case against the Defendant was dismissed.
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