Earlier today, a jury in the Peabody District Court acquitted one of our clients of a second offense drunk driving charge. The case was tried by Attorney Stephen Neyman, an experienced Massachusetts Drunk Driving Lawyer. The facts of the case as reported by the arresting police officer are as follows:
On Sunday, March 16, 2008 shortly after 1:00 a.m. a Peabody Police Officer was on patrol on Andover Street when he observed a pick-up truck being driven by our client drifting over the right lane marker five times. The officer observed this pattern from 300 Andover Street (Route 114) to the intersection of Andover Street and Sylvan Street. After the vehicle turned left on Sylvan Street the officer activated his overhead lights. The officer approached the driver and observed his eyes to be glassy and bloodshot. He also detected an odor of alcohol coming from inside the vehicle. The officer asked our client where he was going to which he replied "Denny's". The officer then asked our client how much he had to drink to which he replied "a couple of beers". When asked the produce his license and registration our client experienced some difficulties. Accordingly, the officer asked him to get out of his car. The client complied and the officer noticed that he was "stiff-legged" and "unsteady on his feet". As a result, a series of field sobriety tests were offered.
Three tests were administered. First was the alphabet test. The officer stated that our client stopped at the letter "T" and then continued with the remainder of the alphabet, this time starting with the letter "T". The officer opined that the defendant failed that test. Second, was the "walk and turn" test. The client was asked to walk nine steps, heal to to with his arms by his said. The officer said that the defendant walked off of the line three times and that he kept his arms behind his back. Conclusion: another failed field sobriety test. The third test was the "one legged stand" test. After two tries our client admitted that he could not perform this test. Once again the officer believed that this test too was not performed satisfactorily.
The defendant was then arrested and booked. The arresting officer looked in the pick-up truck and observed a half full beer, "cold to the touch". The officer let the passenger, our client's girlfriend, drive the pick-up truck away. During booking the defendant told the booking officer that he had six beers and one shot of tequila over a five hour period. The breathalyzer test was refused.
At trial the prosecution called the arresting officer and the booking officer. Their testimony was as discussed above. Our office called a toxicologist as an expert witness. The expert testified that the number of drinks that our client consumed over that five hour period would not impair his ability to operate a motor vehicle safely given his weight, the time period over which he consumed the beverages, his tolerance and the amount of food he ingested. The expert also made clear to the jury that field sobriety tests are not as easily performed as you might think. He analogized this to riding a bicycle or skating for the first time. It is not that easy to do however with time and practice it is easy to perfect these tasks. This explains why the police can easily demonstrate these tests in front of a jury and why even well coordinated individuals might not perform these well without practice. As to the half full beer in the pick up truck, our office argued four points. First, liquor stores must close by law at 11:00 p.m. on Saturday nights. Since our client had been placed in a bar for five hours it is unlikely that he made that purchase after leaving that establishment. Two, even if he had half of that beer when he left the bar there would not have been enough time for his body to absorb the alcohol from that point until he was stopped a few minutes later. Third, the bar admitted to never selling cans of beer. Lastly, we had evidence that that can of beer had been in the pick-up truck for over twenty four hours and was not consumed that day by our client. Our client also testified that he was fine as did his girlfriend who was with him that night. As to the amount of alcohol consumed, our client admitted to consuming only four of the six beers at most. He testified that he danced often that night and that he would set down his beer when doing so. When he would return from the dance floor he would not resume drinking the beer if he could not identify which of the partially full bottles on the bar was his beer.
The jury returned a verdict of acquittal in less than twenty minutes.
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