October 19, 2015 – Barnstable District Court – Drunk Driving/OUI/DWI
Charges/Criminal Complaint Counts:
- Negligent Operation of Motor Vehicle;
- Marked Lanes Violation
Case Name: Withheld
The defendant’s motor vehicle was stopped my investigating officers after receiving multiple calls from concerned citizens, describing the defendant’s erratic driving. After conducting a motor vehicle stop, the investigating officer reported an odor of alcohol emanating from inside of the defendant’s vehicle. The officer further alleged that the defendant’s eyes were red, bloodshot and glassy, and that his speech was slurred.
Suspecting that the defendant was operating the motor vehicle while under the influence of alcohol, the officer ordered the defendant to exit the motor vehicle. Next, the defendant participated in field sobriety tests – ultimately failing, according to the officer’s police report. In addition to offering incriminating statements that would be offered as evidence against him, the defendant submitted to a Breathalyzer test, returning a blood alcohol level of .19%.
Criminal Defense Attorney Vincent A. Tofani successfully moved for dismissal pursuant to the Valor Act of 2012. Over the objection of the Commonwealth, the criminal charges were dismissed, and the defendant was found not responsible for the remaining civil motor vehicle infraction. Moreover, Attorney Vincent A. Tofani worked with the client to coordinate with the United States Veteran’s Affairs Justice Outreach program to schedule the appropriate treatment plan.
Criminal Case Results: Case Dismissed