ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN OUI-LIQUOR CASE, AS THE PROSECUTION FAILED TO PROVE “WHO” OPERATED THE VEHICLE.

Bridgewater Police received a call from a resident stating there was a disabled vehicle parked in the street and the driver appeared to be sitting in the vehicle with his head back. Upon arrival, police observed the Defendant’s vehicle parked on the shoulder of the road with two tires blown out. The officer approached the driver’s side of the vehicle where the Defendant had been seated. The officer detected a strong odor of marijuana emanating from the vehicle. The officer asked how the tires were blown out and the Defendant stated that he must have hit something back there and pointed down the road. Defendant admitted that he had smoked a roach while attempting to change his tires prior to Defendant calling for a tow truck. Defendant claimed that he had a medical marijuana card but stated that it had been “responded” when he meant to say “expired.” Defendant admitted to drinking two Budweiser beers about three hours ago. There was a female sitting in the front passenger side of the Defendant’s vehicle. She told police that Defendant had smoked marijuana and consumed alcohol earlier in the night but she felt he was fine to drive. There were two empty nip bottles on the ground outside the vehicle. The female passenger initially stated that the bottles belonged to her but later stated that the Defendant told her to throw out the nip bottles. The officer testified that the Defendant failed several field sobriety tests, such as the Nine Step Walk and Turn and the One Leg Stand. Defendant was placed under arrest for OUI-Liquor and Negligent Operation. At the police station, police found a plastic bag containing marijuana in the Defendant’s pant pocket. At the police station, Defendant consented to a breathalyzer test, which shows that he had a blood alcohol concentration of 0.14%, above the legal limit.

Result: In order to prove the Defendant guilty of OUI-Liquor and Negligent Operation, the prosecution must prove that the Defendant was the “operator” of the vehicle. At the trial, Attorney Patrick J. Noonan convinced the judge to find his client not guilty because the prosecution failed to prove that the Defendant, and not the female, was the operator of the vehicle, as there was evidence tending to show that the female could have driven the vehicle. Even though the Defendant had admitted to being the operator, that alone, was insufficient to convict the Defendant unless there was evidence to corroborate that the Defendant was the operator of the vehicle. Attorney Noonan argued that, besides the Defendant’s admission to operating the vehicle, there was no other evidence to corroborate that he was the driver.