Brockton District Court – Commonwealth v. J.M.

ATTORNEY GERALD J. NOONAN GETS OUI-LIQUOR CASE AGAINST MILITARY POLICE OFFICER DISMISSED DESPITE THE CLIENT’S ADMISSION TO BEING “BLACK-OUT DRUNK” AND HOSPITAL BLOOD TESTS SHOWING HER BLOOD-ALCOHOL LEVEL WAS MORE THAN TWICE THE LEGAL LIMIT.

The client is a decorated Military Police Officer with no criminal record. At the time of this case, she was about to be deployed overseas for active duty in the military. On the night of the incident, the client crashed her car into a telephone pole. A civilian witness came to her assistance. The civilian witness observed that she smelled of alcohol, had slurred speech, and had difficulty standing and walking. The civilian witness later stated that he believed that the client was intoxicated. When the police arrived, the officer made the same observations as the civilian witness and opined that she was intoxicated. The client was taken to the emergency room by ambulance. The client admitted to consuming shots of Tequila. She even stated that she was “black out” drunk. The hospital drew her blood and tested it for alcohol. The blood test showed that the client’s blood alcohol level was more than twice the legal limit. The client was given a citation for Operating under the Influence of Liquor.

Result: The client hired Attorney Gerald J. Noonan the day after she was released from the hospital. As the client retained Attorney Noonan early in the case, Attorney Noonan was able to get the client a Clerk-Magistrate Hearing on the criminal offense of OUI-Liquor. Ordinarily, a client would have been arraigned and charged with OUI in the District Court – giving the client a criminal record. However, Attorney Noonan obtained a Clerk-Magistrate Hearing to determine whether the client would be charged with OUI-Liquor. At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan persuaded the Magistrate not to issue criminal charges against his client. If the client were charged with a crime, her military career would have been ruined. The client’s commanding officer came to her defense by submitting a glowing letter attesting to the client’s character. Evidence was presented of all the awards the client had earned through her military service. She has served our country honorably. With the criminal charge dismissed at the Magistrate Hearing, the client can now continue with her military service and she has been deployed overseas where she is serving the United States.