ATTORNEY GERALD J. NOONAN AND PATRICK J. NOONAN WIN NOT GUILTY VERDICTS IN DRUNK DRIVING AND RECKLESS OPERATION CASE AFTER A TWO-DAY JURY TRIAL.

Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1)) and Reckless Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)). The prosecution introduced the following evidence at trial: A Westwood Police Officer was on patrol in the parking lot of the Marriot Hotel when he observed the Defendant’s vehicle driving around the parking lot and driving around in circles with no headlights. The officer followed the vehicle, as it exited the parking lot still with no headlights on. The vehicle went through a stop sign without stopping and began to travel the wrong way down a major roadway with no headlights on. The prosecution argued that the Defendant could have killed or seriously injured someone by traveling the wrong way down a major roadway with no headlights on. When the officer approached the vehicle, he observed a rear seat passenger drinking out of a Corona beer bottle. There were three passengers in the car. A search of the car revealed an open Corona beer bottle and a nearly empty Corona beer bottle in the backseat. The prosecution introduced photos of the beer bottles for the jury. The officer asked the Defendant to exit the vehicle and to perform field sobriety tests. On the first test, the One-Leg Stand test, the officer testified that the Defendant almost hopped into the street. The officer had to terminate the test because he was concerned for the Defendant’s safety. On the next test, the 9 Step Walk and Turn, the Defendant repeatedly told the officer that he felt pressured into performing the test. The officer then administered the Alphabet test and testified that the Defendant recited the letter “z” out of order. The officer testified that the Defendant continuously swayed throughout his encounter with him. The officer testified that the Defendant swayed back and forth “like a tree in the wind.” The officer testified that the Defendant had a “strong odor” of alcohol on his breath. The officer testified that the Defendant’s speech was “extremely slurred” and that he had bloodshot eyes.

Result: Attorney Gerald J. Noonan cross-examined the police officer for over an hour and attacked his credibility. Attorney Noonan pointed out that the officer did not ask the Defendant if he had any physical or medical conditions prior to administering the field sobriety tests. Officers are taught and trained to ask someone if they have any physical or medical conditions because those factors may affect their performance on the field sobriety tests. In this case, Defendant had a pinched nerve in his back from a prior car accident, which caused numbness in his left leg. Although the arresting officer testified that the Defendant had a strong odor of alcohol on his breath, a back-up officer testified that the Defendant did not have a strong odor of alcohol coming from him. The most crucial piece of evidence was the booking video, which served to discredit the officer’s testimony. In his closing argument, Attorney Patrick J. Noonan argued that Defendant appeared sober on the video and did not exhibit the signs of intoxication, as testified to by the police officer. On the video, Defendant was not swaying back and forth “like a tree in the wind.” There was nothing on the video to substantiate the officer’s testimony that the Defendant’s balance was so bad that he almost hopped into the street. The officer testified that he had to physically assist the Defendant out of the police cruiser and escort him into the police station. However, Attorney Noonan pointed out that the video told a completely different story. Specifically, the video showed the Defendant getting out of the police cruiser, with no assistance from anyone and with no difficulty, even though he had both arms handcuffed behind his back. Defendant walked into the police station with perfect gait and without any assistance. Attorney Noonan highlighted certain portions of the video, which demonstrated the Defendant’s sobriety. Although the Defendant drove the wrong way down the street, he immediately apologized to the officer and admitted that he made a mistake. After a two-day trial, the jury found the Defendant not guilty on all charges.