Commonwealth v. John Doe – Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN 3RD OFFENSE DRUNK DRIVING TRIAL. THE CLIENT WAS FACING AN AUTOMATIC 150 DAYS IN JAIL AND AN 8-YEAR SUSPENSION OF HIS DRIVER’S LICENSE.
The client had two prior convictions for Operating under the Influence of Alcohol (G.L. c. 90, §24). A civilian called the police to report that there was a motor vehicle stopped in the middle of an intersection with the driver (defendant) slumped over the wheel and passed out. A police officer banged repeatedly on the driver’s side window but could not awaken the defendant. The officer then proceeded to bang on the driver’s side window with his flashlight. After several minutes of banging, the client eventually woke up. The officer detected an odor of alcohol. The officer observed an open container of liquor in the center console. The passenger told the officer that the defendant was drinking too much earlier. The officer believed that the defendant was experiencing a medical emergency and requested an ambulance to transport him to the hospital. The client was charged with third-offense OUI, which carries a minimum-mandatory jail sentence of 150 days and an 8-year suspension of his driver’s license. After a jury trial, Attorney Patrick J. Noonan argued that the Commonwealth failed to meet its burden of proving that the defendant was “under the influence of alcohol.” The jury found him not guilty.