Operating Under the Influence of Alcohol; Barnstable District Court; Commonwealth v. E.S.; November 20, 2024

Massachusetts State Police monitoring traffic alongside Route 6 in Yarmouth observed the Defendant traveling in excess of the speed limit and then significantly slow when the Troopers presence became apparent. Thereafter, the Trooper observed the Defendant's vehicle cross the dividing line, swerve back and forth within the lane, and then swerve severely to the left causing the vehicle to fish tail and nearly lose control. The Trooper thereafter activated the overhead lights of the cruiser and the Defendant stopped partially within the lane of travel. Subsequent to the stop, the Trooper observed the Defendant to be confused, disoriented, and smell strongly of alcohol. The Defendant was ordered out of the car and asked to perform field sobriety tests. The Trooper described the Defendant as unsteady on his feet and thereafter terminated the field sobriety tests. 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 station for processing.

Notwithstanding all of the above, Attorney Ciraulo was able to rebut the opinion of the arresting officer and challenge the state of the evidence. 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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