ATTORNEY PATRICK J. NOONAN GETS A NOT GUILTY IN OUI-LIQUOR CASE AGAINST A DEFENDANT WHO CAUSED A SERIOUS CAR ACCIDENT AND HAD A BLOOD ALCOHOL LEVEL OF .214%.

Defendant, a Brockton man, was traveling on Route 24 South in Randolph when he caused a serious motor vehicle accident. It was alleged that the Defendant was traveling at a high rate of speed and rear-ended another vehicle causing both vehicles to spin out of control and end up off the highway. The Defendant’s vehicle rolled over multiple times and ended up in the woods. Defendant caused significant damage to the rear of the other vehicle. There were three occupants in the other vehicle. Upon arrival, Defendant did not follow the instructions of the officers. Officers observed that the Defendant had an odor of alcohol on his breath; he spoke with slurred speech, his eyes were glassy and bloodshot, and he was unsteady on his feet. Defendant admitted to consuming two beers. Defendant was taken to the hospital by ambulance. The investigating officer went to the hospital where he spoke with the Defendant. The officer made the same observations of the Defendant’s sobriety that he made at the scene. The officer formed the opinion that the Defendant was under the influence of alcohol. At the hospital, Defendant’s blood was drawn and tested for alcohol. The blood test revealed that the Defendant had a blood alcohol level of .214%, which is well over the legal limit of 0.08%.

Result: Defendant hired Attorney Patrick J. Noonan who fast-tracked the case to trial before the District Attorney’s Office had an opportunity to subpoena his client’s hospital records and find out that he had a blood alcohol level of .214%. At trial, Attorney Patrick J. Noonan introduced evidence that the Defendant sustained a head injury and bodily injuries in the crash. In his cross-examination of the police officer, Attorney Noonan got the officer to admit that his observations of the Defendant’s alleged intoxication could have been symptoms from the crash and his injuries as opposed to signs of alcohol consumption. For example, Defendant’s unsteadiness on his feet, slurred speech, and his inability to follow the instructions of police could have been symptoms from his head and bodily injuries, and not symptoms of intoxication. At the conclusion of the Commonwealth’s case, Attorney Patrick J. Noonan argued that the Commonwealth failed to meet its burden of proving that the Defendant was intoxicated. The Judge agreed and found the Defendant Not Guilty.