November 4, 2015 – Salem District Court – Drunk Driving/OUI/DWI, 2nd Offense – Administrative License Suspension for Chemical Test Refusal (3 years)
Charges/Criminal Complaint Counts:
1. OUI/DWI, Second Offense;
2. Negligent Operation of Motor Vehicle;
3. Marked Lanes Violation
Case Name: Withheld
The defendant was arrested and charged with Operation of a Motor Vehicle while Under the Influence of Intoxicating Liquor, Second Offense; Negligent Operation of a Motor Vehicle; and, Marked Lanes Violation. The Commonwealth alleged that the defendant recklessly followed the motor vehicle of a third party, and rapidly approached the site of a motor vehicle stop that was conducted by the Danvers Police Department in a large parking lot. The Commonwealth alleged that the defendant immediately exited his motor vehicle, after being stopped by the police, and that he acted in a belligerent manner.
The Commonwealth further alleged that the defendant’s speech was slurred; his eyes were bloodshot and glassy; and, a strong odor of alcohol emanated from the motor vehicle and from his person. The investigating officers further reported that the defendant performed poorly on the field sobriety tests. He was subsequently placed under arrest and transported to the police station, where he refused to take the breathalyzer test.
Accordingly, the defendant’s Massachusetts Driver’s License was suspended by the Massachusetts Registrar of Motor Vehicles (“MA RMV”) for a period of three years. The administrative suspension was ordered for a period of three years, instead of one hundred-eighty days, because the defendant had been previously convicted of Operating a Motor Vehicle while Under the Influence of Intoxicating Liquor at the time of the alleged chemical test refusal.
Criminal Defense Attorney Vincent A. Tofani argued that the police lacked a reasonable suspicion to stop the defendant’s motor vehicle in a motion to suppress evidence. Following an evidentiary hearing, the Salem District Court allowed the defendant’s motion, and all evidence seized pursuant to the unlawful motor vehicle stop was ordered suppressed. Accordingly, Attorney Tofani successfully argued that all of the criminal charges against the defendant must be dismissed.
Finally, after the criminal case was dismissed, Attorney Tofani filed a motion to reinstate the defendant’s driver’s license. Following an evidentiary hearing, the Salem District Court overturned the license suspension, and ordered that MA RMV reinstate the defendant’s license to operate a motor vehicle, forthwith.
Criminal Case Results: Case Dismissed; Administrative License Suspension Overturned and Driver’s License Reinstated