January 4, 2016 – Boston Municipal Court – Offense: OUI, 1st Offense; Marked Lanes Violation – Trial Verdict, Not Guilty
Charges/Criminal Complaint Counts:
- Operation of Motor Vehicle Under the Influence of Intoxicating Liquor;
- Marked Lanes Violation
Case Name: Withheld
Members of the Massachusetts Police conducted a motor vehicle stop after observing the vehicle, while travelling on a public way in the city of Boston, operate in an unsafe manner and cross over the marked lanes a number of times. Officers further alleged that the vehicle operated without the use of headlights, despite the fact that it was approximately 2:15 AM.
After ordering the defendant, the sole occupant and operator of the motor vehicle, to exit the vehicle, the defendant participated in a series of field sobriety tests. Officers reportedly observed numerous cues, indicating intoxication, during the course of the field sobriety tests. Officers further alleged that the defendant spoke in a slurred manner; that he was unsteady on his feet; his eyes were bloodshot and glassy; and, there was a strong odor of alcohol emanating when the defendant spoke. Finally, the defendant stated that he had consumed a few drinks at the bar earlier, including a couple of shots. The defendant was placed under arrest and charged with OUI, 1st Offense, and Lane Change Violation.
Criminal Defense Attorney Vincent A. Tofani appeared before the Central Division of the Boston Municipal Court, and requested a trial date. At trial, Attorney Tofani challenged the credibility of the Commonwealth’s witnesses, including the reliability of the reported results of the field sobriety tests. Attorney Tofani successfully argued that the Commonwealth failed to introduce sufficient evidence to prove their case beyond a reasonable doubt. Following the trial, the defendant was found Not Guilty on all counts.
Criminal Case Results: Not Guilty.