January 7, 2016 – Lynn District Court – Offense: OUI, 1st Offense: Case Dismissed Pursuant to the Valor Act
Charges/Criminal Complaint Counts:
- Operation of Motor Vehicle While Under the Influence of Intoxicating Liquor
Case Name: Withheld
Members of the Massachusetts State Police responded to investigate a suspicious vehicle, idling in the area of the Red Roof Inn in Saugus. Upon responding, officers observed the defendant apparently sleeping inside of the motor vehicle, while the engine was running. It took officers a while to wake the operator, who was reportedly confused and delirious upon awaking.
Furthermore, the officers observed the defendant’s clothing to be disheveled, and his eyes bloods shot and glassy. Officers further observed a strong odor of alcohol emanating when the defendant spoke to them. Officers alleged that the defendant spoke in a slurred manner, and failed to satisfactorily complete a series of field sobriety tests.
The defendant was placed under arrest, and charged with OUI, First Offense, before the Lynn District Court.
Criminal Defense Attorney Vincent A. Tofani appeared before the Lynn District Court, and successfully moved for the criminal proceedings to be stayed, pending the defendant’s assessment for eligibility for pre-trial diversion pursuant to the Valor Act of 2012. Having served honorably with the United States Marine Corps, the defendant was found to be an eligible candidate for diversion in lieu of criminal prosecution. The defendant was offered an opportunity to participate in treatment provided by the Department of Veterans Affairs, and the criminal charge was dismissed.
Criminal Case Results: Case Dismissed.