ATTORNEY PATRICK J. NOONAN WINS A NOT GUILTY ON A SECOND-OFFENSE DRUNK DRIVING CASE.

The client is a 33-year-old financial consultant from Easton, MA. The police officer testified that he was stopped at a gas station when his attention was drawn to the sound of a car horn beeping for about 5 seconds. The officer followed the vehicles as they approached an intersection. The police officer observed the Defendant’s vehicle abruptly cut off the other driver causing the other vehicle to slam on its brakes and swerve to avoid a collision. The officer pulled over the Defendant’s car. When he approached the Defendant’s window, the officer observed that the Defendant’s eyes were glassy and bloodshot and he could smell an odor of alcohol on the Defendant’s breath. The officer testified that the Defendant initially stated that he did not consume any alcohol but later admitted to drinking at a strip club. The officer testified that the Defendant failed each and every field sobriety test. The officer testified that the Defendant failed the Alphabet Test twice, the Defendant failed the Nine Step Walk and Turn Test, and the Defendant failed the One-Leg Stand after attempting it twice.

Result: At the trial, Attorney Patrick J. Noonan effectively cross-examined the police officer and pointed out the inconsistencies in his testimony. Attorney Noonan pointed out everything the Defendant did well on the field sobriety tests, which the officer left out in his direct examination. Attorney Noonan introduced photos of the Defendant’s shoes to show how difficult it would be for someone to perform these field sobriety tests with this type of footwear, which had no ankle support. Attorney Noonan cross-examined the other driver and pointed out that the other driver had been speeding and he lost his patience when following the Defendant because the Defendant was not driving fast enough. Attorney Noonan called as a witness the police officer who booked the Defendant at the police station. Attorney Noonan established that the booking officer had booked the Defendant, in a small booking room, for about an hour. In a critical line of questioning, Attorney Noonan got the booking officer to testify that he could not formulate an opinion about the Defendant’s sobriety even though he had booked him for about an hour. After Attorney Noonan’s closing argument, the judge immediately found the Defendant Not Guilty. This was the Defendant’s second offense for drunk driving and he was facing possible jail time, a three year loss of license, and mandatory inpatient treatment.