OUI-LIQUOR: DISMISSED

A State Trooper observed the Defendant speeding on Route 95 and clocked his speed at 82 mph. The Trooper observed the vehicle weaving and swerving and initiated a motor vehicle stop. The Trooper had to sound his air horn several times, sound his siren several times, and use his PA system several times to get the Defendant to pull over. The trooper detected an odor of alcohol and observed that the defendant’s eyes were glassy and bloodshot and that his speech was slurred and thick-tongued. The Defendant repeated the same number three times on the counting test. Defendant consented to a breathalyzer test and registered a blood alcohol content of 0.11. Attorney Gerald J. Noonan filed discovery motions to obtain all periodic testing and maintenance logs for the breath test machine because the Defendant’s first attempt at the breath test was terminated because the machine registered an “interference.” The case was scheduled for trial four times and Attorney Noonan appeared ready for trial each time. On the last trial date, Attorney Noonan filed a Motion to Dismiss on the basis that the Commonwealth failed to comply with court orders to provide the Defendant with the breathalyzer discovery, which was exculpatory because the BT machine malfunctioned during the Defendant’s first attempt to provide a sample.

Result: Attorney Gerald J. Noonan gets OUI-Liquor charge dismissed against business executive.