Operating Under the Influence of Alcohol, Third Offense; Peabody District Court; Commonwealth v. S.S.; September 18, 2024

A Sergeant Detective of the Massachusetts State Police observed the Defendant improperly pass his cruiser in the right hand lane, swerve across several lanes of travel, and nearly strike a guardrail as he exited the highway. The Trooper undertook to conduct a motor vehicle stop and the Defendant pulled up over a curb and onto the lawn of residence. When he approached, the Trooper observed an odor of alcohol and an open nip of whiskey inside the center console cup holder. The Defendant was rambling and appeared to be confused about from where he was coming, where he was going, and where he was. The Defendant was ordered out of the car to perform field sobriety tests. The Trooper described the Defendant as unsteady and deemed his performance on both the Nine Step Walk and Turn and the One Leg Stand Field Sobriety Tests a failure. The Trooper formed the opinion the Defendant was under the influence and the Defendant was placed under arrest, handcuffed, searched, and transported back to the barracks for processing. 

Notwithstanding all of the above, Attorney Ciraulo was able to rebut the opinion of the arresting officer, challenge the state of the evidence, and defeat the allegations against the Defendant. As such, the Commonwealth was unable to meet the heavy standard of proof beyond a reasonable doubt and the Defendant was found Not Guilty after trial.

Call Attorney Ciraulo now to learn how he can help you fight your case.