June 2018 - OUI-Liquor, First Offense, Dismissed At Trial
Dismissed At Trial
Summary: Our client was speeding through a parking lot onto main street and was then pulled over. Officer approached our client and our client admitted to consuming two (2) beers. He then was asked to perform Standardized Field Sobriety Tests and our client refused. Our client also refused the preliminary breath test (PBT) as well as the breath test at the police department. Our client was then charged with OUI-Liquor, first offense, negligent operation of a motor vehicle, and speeding.
Results: Attorney Bernard took client's case to trial. He was able to have the case dismissed prior to the trial even beginning due to the Commonwealth's lack of ability to prove beyond a reasonable doubt that alcohol affected our client's ability to operate a motor vehicle. This was due to no information for field sobriety tests and that there was no overwhelming evidence of intoxication on his booking video. Thus, the Commonwealth entered a nolle prosequi, i.e. dismissed the OUI charge. Additionally, the charge of negligent operation of a motor vehicle was continued without a finding and our client was found not responsible for speeding. This would not have occurred if the client did not choose to bring his case to trial with the Law Offices of Joseph D. Bernard.