Operating Under the Influence (OUI)
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.
Commonwealth v. J.S. – Massachusetts Court of Appeals
Massachusetts Court of Appeals
104 Mass. App. Ct. 1110 (2024)
AFTER THE DEFENDANT PLED GUILTY TO DRUNK DRIVING AND WAS CONVICTED, ATTORNEY PATRICK J. NOONAN WINS APPEAL ON GROUNDS OF EGREGIOUS GOVERNMENT MISCONDUCT. THE DEFENDANT’S CONVICTION IS VACATED. WE ARE NOW MOVING FOR TRIAL.
The defendant, represented by another attorney, admitted to sufficient facts and tendered a plea on an offense charging him with Operating under the Influence of Liquor. Defendant took a breath test showing that his blood-alcohol-content was three times over the legal limit. Because there was no chance of winning at trial with such a high breathalyzer result, Defendant pled out to the OUI charge. The plea resulted in the client’s termination from a government position. The client hired Attorney Patrick J. Noonan and Attorney Scott Martin to vacate his conviction. We filed a motion to withdraw his plea based on the recent litigation surrounding the government’s misconduct in withholding exculpatory breath test records, as well as a recent decision finding that breath test results, generated within a particular timeframe, were inadmissible due to issues of scientific reliability and the government’s misconduct in handling breath test records. The judge denied our motion, finding that there was no evidence of egregious government misconduct. The judge also found that – even if the breath test result was excluded from evidence – the Defendant would not have gone to trial because the evidence of his intoxication was overwhelming. We won on appeal. The Appeals Court found that there was a conclusive presumption that the Commonwealth engaged in government misconduct at the time of the Defendant’s breath test. Further, the Appeals Court found that we established a reasonable probability that the Defendant would have gone to trial had he known that the breath test evidence would not have been introduced against him. On appeal, the Commonwealth argued that there was no reasonable probability that the Defendant would have insisted on a trial because the police report contained overwhelming evidence that the client was intoxicated. We argued that a person’s decision to insist on a trial is a unique, individualized decision. Here, the Defendant would have insisted on a trial because an acquittal would allow him to keep his government job. Most attorneys would not try an OUI case if a police report contains strong evidence of intoxication. However, Attorney Noonan and Attorney Martin are not your typical attorneys because we try difficult cases all the time and win acquittals despite there being strong evidence of our client’s guilt. The client’s plea and conviction were vacated. The case was remanded to the district court for further proceedings. At this point, we are intending to try the case in hopes of an acquittal.
Commonwealth v. Jane Doe
Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN DRUNK DRIVING AND NEGLIGENT OPERATION TRIAL.
Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1)), Negligent Operation of a Motor Vehicle (G.L. c. 90, §24(2)(a)), and Operating without a License (G.L. c. 90, §10). Defendant was a 25 year-old with no criminal record. Police were called to the scene of a single-car accident. An off-duty EMT testified at trial that he observed the Defendant travel through an intersection, at a high rate of speed, and strike a curb and telephone pole. Upon arrival, the officer spoke with the Defendant, who was the operator of the vehicle. The officer detected an odor of alcohol on her breath. The officer testified that the Defendant was unable to recall how the accident happened. The officer observed that her eyes were red, bloodshot, and glassy. Police recovered an empty bottle of liquor in the center console. Defendant was administered the Nine-Step Walk & Turn and One Leg Stand field-sobriety test, and the officer testified that she failed these tests. Defendant admitted to consuming three glasses of champagne about two hours ago.
Result: At trial, Attorney Patrick J. Noonan emphasized that the Defendant’s poor performance on the field-sobriety tests were very understandable considering the circumstances. For example, Defendant was involved in a serious car accident. The airbag deployed striking her in the face, causing injuries to her nose and lip, which were bleeding. Defendant was emotional, crying, and was repeatedly expressing concern for her passenger, who was injured in the crash. Defendant was asked to perform these field-sobriety tests with four police officers on scene, three police cruisers on scene, and a fire truck surrounding her. The officer admitted that she was shook-up and frazzled by the accident. Attorney Noonan introduced evidence that the Defendant went to the emergency room after her arrest complaining of chest pain and rib pain. Despite all this, Defendant still performed relatively well on the field-sobriety tests, under these harsh circumstances. Attorney Noonan was able to suppress the empty liquor bottle from coming into evidence at trial because the prosecutor was unable to bring in the police officer who located the bottle in the vehicle, and they would be unable to authenticate this piece of evidence. Attorney Noonan aggressively argued that the Police Department was grossly negligent because they lost the video recording of the Defendant’s booking at the police station following her arrest. Attorney Noonan persuaded the trial judge to instruct the jury that they could infer that the lost booking video would have been favorable to the Defendant’s case. Attorney Noonan was successful in dismissing the unlicensed operation charge because the Commonwealth’s RMV records did not contain the date in which her license was suspended. After one-hour of deliberations, the jury found the Defendant not guilty of all charges and her driver’s license was restored.
Commonwealth v. John Doe
Quincy District Court
ATTORNEY GERALD J. NOONAN GETS OUI-DRUGS CASE DISMISSED AFTER CONVINCING THE COURT THAT THERE WAS INSUFFICIENT EVIDENCE TO PROVE THAT THE DEFENDANT’S IMPAIRMENT WAS CAUSED BY METHAMPHETAMINE FOUND IN HIS VEHICLE.
Defendant was charged with Operating under the Influence of Drugs (G.L. c. 90, §24(1)(a)(1)). Police received a report of an erratic operator. Police received another report of a person slumped over the steering wheel of the same vehicle in a parking lot. Upon arrival, Defendant was slumped over the steering wheel and was unresponsive. The officer believed that the Defendant was experiencing the effects of drug use. Defendant denied taking any drugs. In the Defendant’s vehicle, they found plastic bags containing Methamphetamine and glass pipes used to smoke this substance. Defendant was transported to the hospital. Defendant was also charged with Possession of Methamphetamine.
Result: Attorney Gerald J. Noonan obtained the Defendant’s certified medical records, which lacked any laboratory or toxicology tests to show that the Defendant had any drugs in his system. The Commonwealth argued that the Defendant’s impairment was caused by the methamphetamine found in the Defendant’s vehicle. However, Attorney Gerald J. Noonan argued that the Commonwealth would be unable to prove that the Methamphetamine caused the Defendant’s impairment because none of the officers at the scene were qualified to render any such opinion to connect the effects of this drug use to the symptoms exhibited by the Defendant. As a result, all charges against the Defendant were dismissed.
Commonwealth v. John Doe
Stoughton District Court
IN 2013, DEFENDANT ENTERED A PLEA ON A CHARGE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL BASED ON THE RESULTS OF A BREATHALYZER TEST. ATTORNEY PATRICK J. NOONAN WON A NEW TRIAL BASED ON THE ONGOING LITIGATION REGARDING THE SCIENTIFIC RELIABILITY OF BREATHALYZER TESTS AND THE MISCONDUCT BY THE OFFICE OF ALCOHOL TESTING. AT THE NEW TRIAL, ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS ON ALL CHARGES.
In 2012, Defendant was arrested for Operating under the Influence of Liquor. At the police station, Defendant consented to a Breathalyzer test, which produced results showing that the Defendant’s blood-alcohol-concentration was 0.14%, over the legal limit. Defendant felt that he would be found guilty at trial based on the results of the Breathalyzer test showing that he was well-above the legal limit. Defendant felt that a trial was a lost cause because the Breathalyzer results would most definitely result in his conviction. The Breathalyzer test was the biggest factor in the Defendant’s decision to enter a plea. There has been a lot of litigation in Massachusetts regarding the scientific reliability of Breathalyzer tests. Further, as part of this ongoing litigation, it was discovered that the Office of Alcohol Testing (OAT) deliberately withheld exculpatory evidence regarding Breathalyzer tests from defendants and their attorneys. Attorney Patrick J. Noonan filed a Motion to Withdraw the Plea and for New Trial on the basis that the client’s decision to enter his plea was primarily due to the results of the Breathalyzer tests, but the client was unaware (at the time of his plea) that the results of his Breathalyzer test were inadmissible as being scientifically unreliable and the client was unaware of the extensive misconduct by the Office of Alcohol Testing. The client’s plea and conviction were vacated, and the case will now be proceeding to trial. Attorney Patrick J. Noonan represented the Defendant at his new trial on charges of OUI-Liquor and Negligent Operation and won not guilty verdicts.
Commonwealth v. John Doe
Plymouth District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN OUI-DRUGS CASE ARGUING THAT THE COMMONWEALTH WAS UNABLE TO PROVE THAT THE DEFENDANT’S IMPAIRMENT WAS THE RESULT OF HIS CONSUMPTION OF MUSHROOMS.
Defendant, a paramedic with no criminal record, was charged with Operating under the Influence of Drugs. At trial, the police officer testified that he noticed the Defendant’s vehicle parked in the middle of a residential street. Defendant was found asleep in the backseat of the vehicle. Defendant admitted to the officer that he consumed “mushrooms,” a hallucinogenic drug. Defendant was acting erratically. Defendant’s mood would dramatically fluctuate from being claim to highly emotional; randomly blurting out obscenities. The officer was very concerned about the Defendant’s state and requested an ambulance. Defendant was sent to the hospital. At trial, Attorney Patrick J. Noonan obtained a pretrial order preventing the officer from forming an opinion that the Defendant was under the influence of drugs. The officer did not have any training regarding the drug (mushrooms) and the specific effect of mushroom use on the human body. Therefore, the officer could not testify that the Defendant’s mushroom use was the cause of his impairment. Specifically, the officer could not testify that the symptoms exhibited by the Defendant were the result of mushroom use. The officer could not connect any displayed signs of impairment to the Defendant’s consumption of mushrooms. Therefore, the trial judge found the Defendant not guilty.
Commonwealth v. Brian Dolan
Brockton District Court
IN A LANDMARK DECISION, ATTORNEY PATRICK J. NOONAN PROVES THAT AUXILIARY POLICE OFFICERS LACK AUTHORITY TO STOP THE DEFENDANT’S VEHICLE, SEARCH HIM, AND SEIZE HIM. THIS CASE WAS FEATURED IN LAWYER’S WEEKLY PUBLICATION FOR ITS SIGNIFICANCE.
Defendant was operating his vehicle in the town of Whitman. Two Auxiliary Police Officers (APOs) were stationed in marked police cruisers conducting radar patrol. The APOs clocked the Defendant’s speed as 53 MPH in a 35 MPH zone. The APOs stopped the Defendant’s vehicle. The APOs suspected that the Defendant had been drinking and questioned him regarding his alcohol consumption. The APOs looked into the vehicle and observed alcoholic beverages in plain view. The APOs detained the Defendant at the scene while they contacted a sworn police officer to arrive to the scene. The sworn police officer arrived, conducted an investigation, questioned the defendant, and administered field-sobriety tests. The sworn police officer arrested the Defendant for Operating under the Influence of Liquor.
Result: Attorney Patrick J. Noonan filed a motion-to-suppress evidence resulting from the stop of the Defendant’s motor vehicle. Attorney Noonan argued that the Auxiliary Police Officers (APOs) did not have authority to effectuate motor vehicle stops, to seize or detain citizens, or to conduct searches. After conducting exhaustive research, Attorney Noonan presented evidence that there was no legal authority, which authorizes APOs to conduct traffic stops. Attorney Noonan made a request to the Whitman Police Department and the Town of Whitman for any written policies and procedures regarding APOs, but the Police Department and the Town did not produce any written policies defining the scope, duties, responsibilities, or powers of APOs. The Brockton District Court agreed with Attorney Noonan and found that the APOs lacked this authority and suppressed all evidence derived from the motor vehicle stop. This was a huge decision because many Police Departments, as part of a longstanding practice, have utilized APOs who play active roles in police investigations, but their powers were never examined. This case was featured in Massachusetts Lawyers Weekly. “Defense duo shines light on renegade auxiliary cops.”
Commonwealth v. John Doe
Wareham District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN CASE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL AND NEGLIGENT OPERATION.
Client is a hard-working Haitian immigrant, a young man, newly married, who has never been in any trouble. Defendant was stopped by State Police based on the Trooper’s belief that the vehicle was being operated erratically. The Trooper observed that the Defendant’s eyes were glassy and bloodshot, his speech was slurred, and he smelled of alcohol. The Defendant was nowhere near his intended destination. The Trooper requested that the Defendant submit to field sobriety tests. The Defendant attempted the first test, but stopped, and declined to participate in any other field sobriety tests, citing an old basketball injury. Defendant was placed under arrest. The passenger in the vehicle was free to leave.
Result: During the trial, Attorney Patrick J. Noonan challenged the credibility of the Trooper’s testimony, particularly attacking his observations that the Defendant’s operation was erratic. Attorney Noonan elicited testimony that the Defendant committed a minor marked lanes violation, and pulled over into the breakdown lane when signaled to pull over. Attorney Noonan pointed out that the Defendant had no difficulty exiting the vehicle and no issues with his balance when standing at roadside while speaking to the officer. Attorney Noonan argued that the first field sobriety test should not be considered because the Defendant briefly attempted the test but declined to complete the test because of his basketball injury. Attorney Noonan argued that the minimal evidence regarding the Defendant’s performance of the field sobriety test did not establish that he was intoxicated or impaired. Attorney Noonan requested production of the Trooper’s body camera, which was never provided or introduced, and the defense argued that the body camera would have been helpful for his case. In addition, there was no video of the Defendant’s booking. The judge found the Defendant not guilty of all charges.
Commonwealth v. Kaweesi Marvin
Mass. Appeals Court
Commonwealth v. Kaweesi Marvin
Docket No.: 101 Mass. App. Ct. 1119 (2022)
CLIENT WAS FOUND GUILTY OF OUI-LIQUOR AFTER TRIAL, BUT ATTORNEY PATRICK J. NOONAN WINS THE CASE ON APPEAL, THE CONVICTION IS REVERSED, AND THE CLIENT IS FOUND NOT GUILTY. CASE WAS FEATURED IN LAWYER’S WEEKLY PUBLICATION.
The client is an immigrant and not a legal U.S. citizen. While represented by another highly-experienced and effective attorney, the client was found guilty of Operating under the Influence of Alcohol after a bench-trial in the Waltham District Court. Prior counsel and the client sought Attorney Patrick J. Noonan’s services in appealing the conviction.
Result: On appeal, Attorney Patrick J. Noonan argued that the evidence of the Defendant’s intoxication was insufficient, as a matter of law, and he should have been found not guilty by the trial judge. There are very few appeals finding that evidence of intoxication was insufficient as a matter of law. In a rare case, Attorney Noonan was able to persuade the Appeals Court that the evidence of intoxication was insufficient requiring reversal of the conviction. The Appeals Court reversed the conviction and the client was subsequently found not guilty.
Commonwealth v. John Doe
Wrentham District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN CASE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL AND NEGLIGENT OPERATION AGAINST BANKER AND FATHER OF THREE.
The client is a banker, father of three, and a resident of Mansfield with no criminal record. At approximately 2:00 a.m., a Wrentham Police Officer observed the Defendant’s vehicle exiting the parking lot of a drinking establishment in Wrentham. The officer observed that the Defendant exited the parking lot without activating his headlights. The officer followed the Defendant’s vehicle and stopped the vehicle after noticing some improper operation. After conducting several field sobriety tests, the officer concluded that the Defendant was intoxicated and arrested him for Operating under the Influence of Intoxicating Liquor and Operating Negligently (G.L. c. 90, §24).The client was charged in the Wrentham District Court.
Result: At trial, Attorney Patrick J. Noonan challenged the officer’s opinion that the Defendant was intoxicated. The officer testified that the Defendant performed poorly on field sobriety tests. Attorney Noonan introduced medical evidence showing that the Defendant was obese and suffered from a knee injury. Attorney Noonan moved to introduce portions of the booking video at the police station. Attorney Noonan provided the court with a chart highlighting portions of the booking video, which were consistent with the Defendant’s sobriety and lack of impairment. Attorney Noonan argued that the evidence of negligent operation was insufficient, as the officer’s observations of the vehicle’s operation was limited due to the fact that the officer stopped the Defendant’s quickly. After concluding his cross-examination of the police officer, the trial judge found the Defendant not guilty of all charges, and Attorney Noonan was able to have the client’s driver’s license reinstated the next day.