AFTER A TWO-DAY JURY TRIAL, ATTORNEYS PATRICK J. NOONAN AND GERALD J. NOONAN WIN NOT GUILTY VERDICT IN OUI-LIQUOR CASE AGAINST A WALTHAM MAN WHO ALMOST DROVE HIS VEHICLE INTO SOMEBODY’S HOUSE.

Defendant, a self-employed Realtor from Waltham, caused a major car accident in Watertown. Defendant lost control of his vehicle, drove through two sign posts, crashed through a fence and almost drove into the front of somebody’s house. At trial, the Commonwealth introduced the following evidence. Upon arrival to the car accident in Watertown, a Watertown Police Officer testified to the severity of the crash, which caused significant damage to the Defendant’s vehicle rendering it inoperable and a total loss. The Defendant was immediately uncooperative with police. They asked him to remain in his vehicle but he refused and exited the vehicle. He was described as argumentative. The officer alleged that the Defendant was unable to recall where he was coming from. The Defendant admitted to consuming two or possibly three beers. He had an odor of alcohol on his breath. His speech was slurred. The officer decided to conduct field sobriety tests (FSTs). When walking to the location of the FSTs, Defendant was “extremely unsteady on his feet.” Defendant almost fell to the ground but the officers caught him. Defendant dropped his wallet on the ground. He mumbled to himself and spoke with slurred speech. Defendant was instructed to perform the Nine Step Walk and Turn test. However, the Defendant continually interrupted the officer and attempted to start the test, on two occasions, before the officer had an opportunity to finish her instructions. On the Nine Step Walk and Turn test, the officer noted that the Defendant stumbled, did not walk heel to tow, did not count the steps out loud, used his arms for balance, and took the incorrect number of steps. On the One-Leg Stand test, the officer noted that on the Defendant’s first attempt he could only raise his leg for one-second and his body was tipping. On his second attempt, Defendant swayed and almost fell to the ground before the officers caught him. Defendant could not recite the Alphabet. After his arrest, Defendant was booked at the Watertown Police Station. The booking officer testified that he could detect an odor of alcohol coming from the Defendant during the booking process. The arresting officer stated that the Defendant was unsteady during booking.

Result: At trial, Attorney Patrick J. Noonan called, as a witness, a police officer from the neighboring town of Belmont to testify. Just minutes prior to the car accident in Watertown (which resulted in the Defendant’s arrest for OUI), Defendant was involved in a minor car accident in the town of Belmont where he rear-ended another vehicle. A Belmont Police Officer investigated the minor car accident in Belmont and interviewed the Defendant. At the conclusion of her investigation, the Belmont Officer gave the Defendant a warning for following too closely and she allowed the Defendant to leave the scene and drive away in his vehicle. Attorney Noonan questioned the Belmont Officer who testified that she did not observe any signs of intoxication by the Defendant and she found that the Defendant was sober. Attorney Noonan established that the accident in Belmont (where the Belmont Officer found him to be sober) occurred just minutes prior to the accident in Watertown. Therefore, just minutes prior to his arrest for OUI-Liquor in Watertown, Attorney Noonan presented evidence that another officer from Belmont found the Defendant to be sober. At the scene of the Watertown car accident, Defendant was evaluated by EMTS prior to the officer administering his FSTs. Defendant refused medical treatment. Attorney Noonan introduced the ambulance report, which showed that the EMTs did not observe any signs that the Defendant was intoxicated. Attorney Noonan also introduced medical records of the Defendant showing that he had chronic medical issues, which could have affected his ability to perform the FSTs. Finally, Attorney Noonan introduced portions of the Defendant’s booking video, which showed evidence of the Defendant’s sobriety. After a two-day jury trial, Defendant was found Not Guilty.