Commonwealth v. E.P. – Attleboro District Court

OUI-THIRD OFFENSE: REDUCED TO SECOND OFFENSE

Defendant was arrested and charged with Operating under the Influence of Liquor this being his third offense. The Defendant was operating his vehicle when he struck two parked cars. Defendant admitted to consuming alcohol and failed all field sobriety tests. Defendant had been previously convicted of two prior OUI offenses. A third offense OUI is a felony. With this offense, there is a minimum mandatory jail sentence of 150 days or five months.

Result: Attorney Gerald J. Noonan persuaded the District Attorney’s Office to reduce the third offense OUI to a second offense OUI thus saving his client from serving a mandatory jail sentence of five months. The Defendant was placed on probation and ordered to undergo alcohol treatment in lieu of a jail sentence. If convicted, Defendant would have lost his job. If convicted, Defendant’s family would have suffered greatly, as they would have no other means of financial support.