NOT GUILTY AFTER TRIAL
Operating Under the Influence of Alcohol; Brockton District Court; Commonwealth v. L.C.; March 5, 2025
Whitman Police Officers were dispatched to motor vehicle accident involving an SUV and a utility pole. Upon arrival, the officers observed a large debris field, the Defendant's heavily damaged SUV rolled over and upside down in the roadway, and a utility pole snapped at its base and fallen over. The officers spoke to the Defendant and observed him to smell strongly of alcohol, have blood shot and glassy eyes, and speak with slurred speech. In addition, the Defendant was unsteady on his feet and was unable to successfully state the alphabet or count backwards. The investigating officers formed the opinion the Defendant was under the influence of alcohol and the Defendant was placed under arrest, handcuffed, searched, and transported back to the station for processing. During booking the Defendant continued to have difficulty with his balance and nearly fell over.
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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