Police Report: Police attempting to execute an arrest warrant for a man observed him driving home. Police followed him down several streets, observed him negotiate several turns, and ultimately turn into his driveway and park inside his garage. An office then knocked on the closed garage door, announced his presence and informed the man he had a warrant for this arrest. The man cooperated with police by opening his garage door, allowing police to search inside his car and submitted to their authority for purposes of his arrest. The arresting officer located empty alcoholic beverage containers in the man’s car and observed signs of his demeanor and physical condition that police associated with intoxication. This included an odor of alcoholic beverage on his breath, slurred speech as well as bloodshot and watery eyes. Based solely on these observations, police arrested the man for OUI and the active warrant. The man hired Massachusetts OUI Lawyer, John L. Calcagni III, and the Law Office of John L. Calcagni III, Inc. to represent him against this charge before the Wrentham District Court. Unable to resolve this case with a negotiated dismissal, the man elected to exercise his right to trial. The matter proceeded to trial with a judge sitting alone, without a jury. Following the Commonwealth’s presentation of evidence and absent both field sobriety test results and a breathalyzer, the Defense successfully argued that the District Attorney’s Office failed to meet its heavy burden of proving the man’s guilt beyond a reasonable doubt. The Defense also argued lack of evidence regarding the man’s impairment to safely operate a motor vehicle, which is an element of OUI. This was due to police observing the man safely operate on a number of roadways, negotiate multiple safe turns, including into his driveway, and safely park inside of his garage. The Court sided with the Defense by returning a verdict of not guilty against the man.
Criminal Case Result:
OPERATING UNDER THE INFLUENCE (OUI) OF ALCOHOL: NOT GUILTY AFTER TRIAL