OPERATING UNDER THE INFLUENCE: NOT GUILTY

Client, 31-year-old teacher and high school basketball coach, was charged with Operating under the Influence and Operating to Endanger stemming from a three-car crash in which the Defendant lost control of his vehicle and struck two parked cars. Defendant admitted to consuming “mixed drinks” and failed all field sobriety tests. At trial, Attorney Patrick J. Noonan successfully moved for a required finding of not guilty after establishing that the Commonwealth failed to meet its burden of proving that the Defendant was the operator of the motor vehicle in question. Attorney Patrick J. Noonan stated that the evidence showed two possible operators of the vehicle. When the police arrived, Defendant was standing next to the passenger side of the vehicle. The other occupant was being assisted by ambulance. The Commonwealth failed to present any evidence as to the registered owner of the vehicle.

Result: Attorney Patrick J. Noonan’s Motion for Required Finding of Not Guilty is allowed and client is acquitted and avoids losing his job as a school teacher.