Operating Under the Influence of Alcohol; Quincy District Court; Commonwealth v. J.M.; December 19, 2023 

Braintree Police were dispatched to for a report of a person "slumped over" behind the wheel. Upon their arrival, the investigating officers observed the Defendant "passed out" behind the wheel in the middle of the intersection. The officers were initially unsuccessful in their efforts to wake the Defendant and had to place the truck in park, shut off the ignition, and remove the keys. Once the Defendant was awake, he presented with a strong odor of alcohol, bloodshot and glassy eyes, and slow slurred speech. When getting out of the truck, the Defendant "struggled to step down" and "almost fell over." After the Defendant failed a series of field sobriety tests, the Defendant was charged with the offense of operating 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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