Operating Under the Influence of Alcohol; Brockton District Court; Commonwealth v. P.B.; December 18, 2024 

While traveling behind the Defendant, the Abington Police observed the Defendant pull off of the roadway and up onto and into the lawn of a residence. The officer stopped to investigate and observed the Defendant thereafter pull off of the lawn and back into the roadway. At that time the officer stopped the Defendant and observed about him a strong odor of alcohol. In addition, the Defendant spoke with heavily slurred speech and had bloodshot and glassy eyes. While speaking with officers, the Defendant had an open beer can in the driver's seat cupholder and said he was coming from a "party." The Defendant was ordered out of the car, failed all of the field sobriety tests, and was placed under arrest for operating under the influence of alcohol. 

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's car, make observations of his person, and subject him to a custodial interrogation. The Court agreed. The Motion to Suppress was allowed, the Commonwealth had no evidence remaining to prosecute the case, and the case was dismissed. 

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