Operating Under the Influence of Alcohol, Quincy District Court; Commonwealth v. E.F.; September 25, 2023

Braintree Police Officers were dispatched to investigate a motor vehicle crash. Upon arrival, the officers observed a damaged utility pole, an over-turned street sign, and a crushed guardrail. The Defendant was located standing alongside his heavily damaged truck in the middle of a debris field. The officers approached the Defendant and noted that he smelled of alcohol, had blood shot eyes, and spoke with slurred speech. The investigating officers administered to the Defendant a series of field sobriety tests and he failed to perform each of those tests to the satisfaction of the officers. The officers then located inside of the car and on the Defendant's person a number of empty and full nip alcohol bottles. At the police station, the Defendant consented to a Breath Test and the reading was .16 BAC. The Defendant was arrested and charged with Operating a Motor Vehicle Under the Influence of Alcohol.

Notwithstanding all of the above, 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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