Commonwealth v. R.A. – Stoughton District Court

ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY IN 2ND OFFENSE OUI-LIQUOR CASE AFTER CONVINCING THE JUDGE THAT THE COMMONWEALTH FAILED TO PROVE THAT THE DEFENDANT WAS INTOXICATED

Stoughton Police were dispatched to a parking lot at approximately 3:00 a.m. for a report of an unconscious male passed out in the driver’s seat of a parked vehicle. The officer approached the Defendant’s vehicle and observed him to be passed out behind the wheel. The officer knocked on the window several times but the Defendant did not respond. After knocking several times, the Defendant finally woke up. In waking up, the Defendant was disoriented and immediately started to place his hand on the gear shift. The officer instructed the Defendant to step out of the vehicle. Defendant was unsteady on his feet. The officer stated that the Defendant was unable to give any answers or responses to the officer’s questions. The officer had to repeat his questions several times before getting a response from the Defendant. The Defendant spoke slowly and deliberately. He stated that he was at Club Alex’s in Stoughton. Because the Defendant was parked in the parking lot of an apartment complex, the officer asked the Defendant if he was visiting a friend. Defendant stated that he was visiting a friend but he was unable to provide any name to the officer. The Defendant stated the word “Uber” and started flipping through his phone to call an Uber but he did not have the Uber application on his phone. In his police report, the officer states that there was a cup of alcohol in the cup holder. The officer formed the opinion that the Defendant was under the influence of alcohol. Because the Defendant had previously convicted of OUI, he was charged with Operating under the Influence of Alcohol (second offense). See G.L. c. 90, §24.

Result: At trial, Attorney Patrick J. Noonan pointed out the stark differences in the arresting officer’s testimony verses the booking officer’s testimony. The booking officer had over 20 years of experience in law enforcement. Even though the booking officer had booked the Defendant for over one-hour, the booking officer did not observe the telltale signs of intoxication. For example, the booking officer did not observe: that the Defendant had glassy or bloodshot eyes, that the Defendant had slurred speech, or that the Defendant had an odor of alcohol on his breath. Attorney Noonan pointed out that none of the officers had asked the Defendant if he had any physical or medical conditions. The observations of alleged intoxication could have been the result of a physical or medical condition, and not from the consumption of any alcohol. None of the officers had ever asked the Defendant if he had consumed any alcohol. The Commonwealth introduced the booking video at trial. The Commonwealth argued that the Defendant appeared intoxicated on the video, and pointed out a portion of the video where the Defendant lost his balance and stumbled backwards. However, Attorney Noonan highlighted other parts of the booking video where the Defendant appeared sober, such as portions of the video where the Defendant was walking, standing, and had no difficulty standing for his booking photo or standing when being fingerprinted. After the trial, the Judge found the Defendant not guilty. Because this was a second offense OUI, Defendant’s driver’s license was suspended for two years. However, Attorney Noonan obtained a Court Order restoring the Defendant’s driver’s license.