Operating Under the Influence of Alcohol; Barnstable District Court; Commonwealth v. J.N.; August 17, 2023

Barnstable Police Officers were dispatched to a report of a single car motor vehicle accident (car v. street sign). Upon arrival, the investigating officers observed the Defendant to be disoriented and confused. The Defendant presented with an odor of alcohol about his person, bloodshot and glassy eyes, and slurred speech. The Defendant told the investigating officers that he had consumed three Captain Morgan drinks, almost fell down when exiting the truck, and was unsteady on his feet. The Defendant failed the Nine Step Walk and Turn and One Leg Stand Field Sobriety Tests and was thereafter placed under arrest. At the police station, where the Defendant was both audio and visually recorded, the Defendant took the Breath Test and the result was .12 BAC.

Notwithstanding all of the above, Attorney Ciraulo was able to highlight all of the actions the Defendant took that were inconsistent with being under the influence of alcohol and the Defendant was ultimately found NOT GUILTY of the charged offense. 

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