NOT GUILTY AFTER TRIAL
Operating Under the Influence of Alcohol; Orleans District Court; Commonwealth v. J.L.; October 2, 2024
Eastham Police officers monitoring traffic alongside Route 6 heard the sound of a car horn and thereafter saw what they described as a near collision. The officers stopped both parties involved and identified the Defendant as the operator of one of the cars. The officers noted a half full beer can in the center console and observed the Defendant to have an odor of alcohol about his person. The Defendant was ordered out of the car to perform field sobriety tests. The officers described the Defendant as unsteady on his feet and deemed his performance on both the Nine Step Walk and Turn and the One Leg Stand Field Sobriety Tests a failure. The officer formed the opinion the Defendant was under the influence and the Defendant was placed under arrest, handcuffed, searched, and transported back to the station for processing. Once back at the station, the police administered to the Defendant a breath test and the reading was 0.14% (nearly twice the legal limit of 0.08%).
Notwithstanding all of the above, Attorney Ciraulo was able to rebut the opinion of the arresting officer and challenge the state of the evidence. In addition, Attorney Ciraulo successfully challenged the administration, scientific reliability, and the admissibility of the breath test results. Ultimately, Attorney Ciraulo was able defeat the allegations against the Defendant, the Commonwealth was unable to meet the heavy standard of proof beyond a reasonable doubt, and the Defendant was found Not Guilty after trial.
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