Operating Under the Influence of Alcohol; Hingham District Court; Commonwealth v. D.C.; December 17, 2024

Scituate Police Officers were dispatched to investigate a report of pickup truck striking a telephone pole and thereafter fleeing the scene. Upon their arrival, the investigating officers located a broken telephone pole, a field of debris in and around the area, and a trail of fluids leading away from the scene. Ultimately, the officers located the Defendant walking along the roadway, ordered him stop, and asked him questions about the accident. At the conclusion of the questioning, the Defendant was placed under arrest for operating under the influence of alcohol and transported to the station for processing. Once at the police station, the Defendant agreed to take a breath test. The Defendant's blood alcohol level was .21 (more than two and one half times the legal limit). 

Attorney Ciraulo drafted, filed, and argued a Motion to Suppress Evidence. Specifically, Attorney Ciraulo argued that the police did not have the requisite reasonable suspicion to stop the Defendant and subject him to questioning. The Court agreed and the Motion to Suppress all of the evidence was allowed. Specifically, the Court excluded from evidence at trial the  "stop" of the Defendant, any observations the police made of him, any statements he made to the police during questioning, and the results of the breath test. As such, the Commonwealth had no evidence remaining to prosecute the case and the case was dismissed. 

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