Massachusetts DUI Defender Michael D. Brennan recently achieved a not guilty verdict for a 37 year old central Massachusetts man who was facing a felony DUI 3rd offense charge. Attorney Brennan was able to convince a jury in Concord District Court that the man who was arrested by State Police for DUI should be found not guilty.
A Massachusetts State Trooper stopped the man when he observed a vehicle being driven on Route 2 with extensive damage to the windshield. In his DUI report, the Trooper reported making the following observations:
As I attempted to catch up to the Escort I observed it swerve into the breakdown lane nearly striking the guardrail. The entire vehicle was in the breakdown lane and was traveling at approximately 70 Miles Per Hour. It then jerked back into and across the first travel lane so that the left two tires had crossed into the second lane. I pulled behind the Escort and activated emergency lights and siren. The operator of the Escort then hit the brakes very hard nearly causing me to crash into him. He swerved into the break down lane and came to a stop.
The Trooper further noted that the driver’s eyes were red and glassy and there was a “heavy odor of an alcoholic beverage emanating out of the car.” He claimed that the driver admitted to having consumed a bottle of Jack Daniels. The driver performed field sborienty tests, which the trooper claimed that he failed. The driver refused to take the breathalyzer test.
This was a huge victory for the client and his family. A 3rd offense OUI conviction will result in mandatory jail time an 8 year license suspension, and required use of the ignition interlock device. Attorney Brennan’s effective DUI defense avoided all of this. You can reach Attorney Brennan via e-mail: brennan@massduidefenders.com.
