Operating Under the Influence (OUI)
Commonwealth v. O.A.
Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN DRUNK-DRIVING CASE AGAINST HAITIAN IMMIGRANT.
The client is an immigrant from Haiti. He is not a U.S. citizen. Client attended a wedding on Cape Cod. He was driving home to Brockton. As he was driving on Route 24, State Troopers were parked in the breakdown lane. The Trooper observed the Defendant speeding, his vehicle crossed the fog line, and he came close to striking the police cruiser. Troopers pursued the Defendant’s vehicle, as it exited the highway. Police located the Defendant’s vehicle parked in a Gas Station. It was almost 2:00 a.m., and the gas station was closed, but the Defendant approached the gas pump thinking the gas station was open. Officers observed that the Defendant’s pants were unbuttoned and there was liquid on his crotch area. Troopers administered two Field Sobriety Tests and the Trooper testified that the Defendant failed the tests. The Trooper testified that the Defendant had bloodshot and glassy eyes, his speech was slurred, and there was an odor of alcohol on his breath. Police found a liquor bottle in his car. As a result, Defendant was charged with Operating under the Influence of Alcohol, Negligent Operation, Speeding, Marked Lanes Violation, Obstructing an Emergency Vehicle, and Open Container of Alcohol.
Result: After a bench trial, Attorney Patrick J. Noonan aggressively cross-examined the State Trooper and challenged his opinion that the Defendant was intoxicated and attacked his testimony concerning the operation of the Defendant’s vehicle. After the trial, Defendant was found Not Guilty on all charges, but was found response of committing a marked lanes violation.
Commonwealth v. John Doe
Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICTS IN CASE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL AND NEGLIGENT OPERATION AGAINST HAITAN IMMIGRANT.
The client is an immigrant from Haiti with no criminal record. A State Trooper observed the Defendant operating erratically on Route 495 South. The Trooper observed the Defendant swerving and crossing the fog line. When signaled to pull over, Defendant continued traveling at a slow rate of speed and almost came to a complete stop in the right-hand travel lane. The Trooper observed that the Defendant’s speech was slurred, his eyes were bloodshot and glassy, and he detected a strong odor of alcohol coming from the Defendant’s breath. The Trooper noticed that the Defendant was unsteady on his feet. The Trooper administered a field sobriety test, the One Leg Stand, and found that the Defendant failed this test. The Trooper recovered a Fireball nip bottle in the Defendant’s pant pocket. Defendant was charged with Operating under the Influence of Alcohol and Negligent Operation (G.L. c. 90, §24).
Result: At trial, Attorney Patrick J. Noonan affectively attacked the Trooper’s testimony that the Defendant was intoxicated. Attorney Noonan excluded evidence regarding one particular field sobriety test. As to the other field sobriety test, Attorney Noonan argued that the Defendant recently suffered an ankle injury, which affected his ability to perform satisfactorily on the test. Through cross-examination, the Trooper admitted that he did not know whether the liquor bottle was opened or that any contents had been consumed. Attorney Noonan established that the Defendant did not demonstrate any noticeable signs of impairment during the booking process. After concluding his cross-examination of the police officer, the trial judge found that the Commonwealth failed to present sufficient evidence that the Defendant was under the influence of alcohol or that he operated his vehicle negligently. Defendant was found not guilty of all charges.
Commonwealth v. J.R.
Taunton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY IN TRIAL FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL.
The Easton Police were dispatched to the scene of a car accident. Upon arrival, police observed a traffic pole in the middle of an intersection. When speaking with the Defendant, he admitted that he was distracted and struck the traffic pole. The pole was knocked down and dragged into the middle of the intersection. Police took photographs of the Defendant’s vehicle showing damage caused by the collision with the traffic pole. Officers detected an odor of alcohol on the Defendant’s breath. Defendant admitted that he had consumed one beer. Defendant failed the field sobriety tests administered to him, including the Nine Step Walk and Turn and the One-Leg Stand. A booking photo was introduced showing that the Defendant’s eyes were red, bloodshot, and glassy. In the Defendant’s vehicle, officers observed nip liquor bottles. At the police station, Defendant was administered a Breathalyzer test showing a blood-alcohol-concentration of 0.09%, over the legal limit of 0.08%. At trial, the officer testified that the Defendant, in his opinion, was intoxicated.
Result: At trial, Attorney Patrick J. Noonan challenged the officer’s testimony concerning the Defendant’s performance on the field sobriety tests because the Defendant admitted that he was very anxious when performing the tests, and the Defendant weighed 300 lbs., factors unrelated to alcohol use, which can explain his poor performance. Attorney Noonan pointed out that the Defendant did not have any slurred speech and the officer was able to understand everything the Defendant was saying without any difficulty. Upon his arrival, the officer observed the Defendant safely pull into a parking lot and park his vehicle. Defendant did not attempt to flee the scene. The officer observed that the Defendant did not have any difficulty or any unsteadiness when he exited his vehicle. Attorney Noonan highlighted exculpatory portions of the booking video showing that the Defendant did not exhibit certain signs of impairment. After the trial, the Judge found the Defendant not guilty of Operating under the Influence of Alcohol. Unfortunately, the Judge found the Defendant guilty of Negligent Operation where the Defendant admittedly was negligent in striking the traffic pole. The client’s License to Carry Firearms was suspended due to this arrest. However, after his acquittal, Attorney Patrick J. Noonan was able to get the client’s LTC reinstated.
Commonwealth v. D.A.
New Bedford District Court
MOTION TO DISMISS CHARGE OF OPERATING UNDER THE INFLUENCE OF ALCOHOL IS ALLOWED AFTER ATTORNEY PATRICK J. NOONAN PROVES THE POLICE VIOLATED THE DEFENDANT’S STATUTORY RIGHT TO A BAIL HEARING.
The Dartmouth Police Department arrested and charged the Defendant with Operating under the Influence of Alcohol (G.L. c. 90, §24(1)(a)(1); this being his second offense.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss on the grounds that the Defendant’s statutory right to an out-of-court bail hearing under G.L. c. 276, §58 was violated because the Defendant was unreasonably and unnecessarily held in custody for an excessive amount of time without ever being provided the opportunity to be bailed out by a Bail Clerk. Attorney Noonan introduced evidence showing that the Defendant was held in custody for approximately 11 hours without ever being afforded the opportunity to be bailed out and released from custody by a Bail Clerk. The Court agreed and dismissed the criminal complaint. The client was a long-time commercial truck driver.
Commonwealth v. Y.B.
Taunton District Court
SECOND OFFENSE DRUNK DRIVING CHARGE AGAINST COMMERCIAL TRUCK DRIVER DISMISSED AT TRIAL, AS ATTORNEY PATRICK J. NOONAN ARGUED THAT THE COMMONWEALTH DID NOT HAVE SUFFICIENT EVIDENCE TO OBTAIN A CONVICTION.
Defendant has been a longtime commercial truck driver. He resides in North Carolina. He is a long haul commercial truck driver, driving an 18-wheeler, transporting items for Amazon. He hauls throughout the United States. In this case, Defendant was driving across country to deliver items to Massachusetts. He pulled into a parking lot in Easton, Massachusetts. While attempting to park his tractor-trailer, he struck a parked car. Upon arrival, police spoke with the Defendant and they detected an odor of alcohol on his breath. Defendant refused any field sobriety tests and was arrested. He refused the Breathalyzer test resulting in serious consequences for a commercial truck driver. He had an old drunk driving charge in North Carolina, but was not convicted. Defendant was charged with Operating under the Influence of Alcohol pursuant to G.L. c. 90, §24(1)(a)(1), second offense, and Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a). As a commercial truck driver, his entire livelihood was at stake. If convicted, he would undoubtedly lose his commercial driver’s license and was facing the possibility of a lifetime suspension of his commercial driver’s license.
Result: On the day of the jury trial, Attorney Patrick J. Noonan informed the Commonwealth of his intention to introduce a video of the Defendant’s booking at the police department. The booking video was exculpatory, as it showed that the Defendant did not exhibit any signs of intoxication or impairment. The evidence of intoxication was very slim. The only sign suggestive of intoxication was an odor of alcohol on the Defendant’s breath, and nothing more. Attorney Noonan discussed the weakness of the case with the Commonwealth and argued that the Commonwealth would be unable to meet its burden to obtain a conviction at trial. The Commonwealth reviewed the booking video, interviewed witnesses, and evaluated the case, and agreed that it would have considerable difficulty proving this case at trial. All charges were dismissed at trial.
Commonwealth v. L.R.
Taunton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN 2ND OFFENSE DRUNK DRIVING CASE.
Defendant was charged with Operating under the Influence of Alcohol pursuant to G.L. c. 90, §24(1)(a)(1), second offense, as he had been previously convicted of drunk driving. Defendant was also charged with Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a). With a second offense OUI, Defendant was facing stiff penalties, including a two-year suspension of her driver’s license. In this case, Defendant refused the Breathalyzer test. She had previously refused the Breathalyzer test in her prior OUI case, and her driver’s license was suspended for three-years. A Raynham Police Officer was stationed on Route 44 when he observed the Defendant’s vehicle traveling on Route 44 and the Defendant abruptly swerved over a raised median and did a U-turn on Route 44 and started heading in the opposite direction. While following the Defendant, he observed that she grazed construction barrels and swerved over the fog line multiple times. The officer activated his lights to affect a stop, but the Defendant continued driving and got onto the Route 24 onramp. After a quarter-mile, Defendant finally pulled over. The officer testified that the Defendant’s speech was slurred and she stated that she was coming from “West Bridgewater” and she was going to “West Bridgewater.” Defendant’s eyes were glassy and bloodshot. She admitted to consuming two glasses of wine. The officer administered a Field Sobriety test known as the One-Leg Stand; the Defendant attempted to perform the test, but later stated that she did not want to perform any tests and she stopped. The officer testified that the Defendant was extremely argumentative, she was swearing at him, and calling him names. During the booking process, Defendant was asked to remove her earrings, which she did. Later on, Defendant did not remember removing her earrings. The officer formed the opinion that she was intoxicated.
Result: At trial, Attorney Patrick J. Noonan was able to exclude from evidence the fact that the Defendant was instructed to perform the One Leg Stand Test; the Defendant attempted the test, and later stopped performing the test and refused any other tests. Therefore, no evidence was presented at trial regarding any Field Sobriety Tests. Attorney Noonan conducted an effective cross-examination of the police officer and requested a Not Guilty verdict from the Judge. The Judge found the Defendant not guilty of Operating under the Influence of Alcohol. On the Negligent Operation charge, Attorney Noonan was able to obtain a disposition not resulting in a conviction. After the acquittal, Attorney Noonan obtained a Court Order to restore her driver’s license. She had been without a driver’s license since her arrest.
Commonwealth v. L.C.
Wareham District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN JURY TRIAL FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL.
The Defendant, a Brockton resident, received a phone call from her boyfriend who was in custody at the police station in Middleboro following his arrest for drunk driving. She was asked to come to the police station to bail him out. When she arrived to the police station to bail out her boyfriend, the police immediately suspected that she was under the influence of alcohol. They asked whether she had been drinking, and she admitted to consuming two beers several hours ago. While in the front lobby, the police officer testified that he was immediately overwhelmed by the odor of alcohol flooding the lobby. The Trooper testified that the Defendant’s eyes were glassy. The Trooper testified that the Defendant was argumentative and uncooperative. She stated that she knew a State Trooper and implied that they should let her go. She stated that she would agree not to drive a car. At trial, the Trooper testified that she was drunk. After a vigorous and effective cross-examination of the State Trooper by Attorney Patrick J. Noonan, the jury came back with a not guilty verdict within 10 minutes.
Police Department vs. K.M.
BOSTON POLICE OFFICER’S LICENSE TO CARRY FIREARMS WAS SUSPENDED DUE TO SUIDICAL THREATS AND INTOXICATION BUT ATTORNEY PATRICK J. NOONAN GETS HER LTC REINSTATED
Client is a Boston Police Officer. Client requires a valid license to carry firearms in order to work as a police officer. The client’s license to carry was suspended because the police were called to her home for a report that the client was making suicidal statements and she was intoxicated. The police sectioned the client for mental health and substance abuse and she was transported to the emergency room for an evaluation. Because her license to carry was suspended, the client could not return to work as a police officer and her career was placed in jeopardy. If she could not have a valid LTC, she would lose her job as a police officer.
Result: Attorney Patrick J. Noonan immediately had the client evaluated by a licensed psychologist who reviewed the police report, discharge paperwork from the hospital, and he spoke with the officers involved in the case. The psychologist performed an extensive psychological evaluation and gave his expert opinion that the client was not suicidal and she did not have substance abuse addiction. He opined that the client was stable, she was fit for duty, she was fit to return to work as a police officer, and she did not pose any danger if she were to possess firearms. The psychological evaluation, coupled with other evidence presented by Attorney Noonan, resulted in the police department reinstating and activating her LTC. Now the client can return to work as a police officer.
Commonwealth v. S.S.
Dedham District Court
CLIENT FACING MANDATORY JAIL TIME FOR OPERATING UNDER THE INFLUENCE OF ALCOHOL THIRD-OFFENSE BUT ATTORNEY GERALD J. NOONAN GETS CHARGE REDUCED TO SECOND-OFFENSE OUI, SAVING THIS MILITARY VETERAN FROM SERVING 180 DAYS IN JAIL.
Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24), this being his third offense. The case was un-triable due to overwhelming evidence of the Defendant’s intoxication and guilt. The odds of winning at trial were virtually impossible. Compounding things further, Defendant was convicted of his prior 2nd offense OUI shortly before his arrest on the 3rd offense. Additionally, Defendant was charged with assaulting the police officer during his arrest. Defendant’s prior attorney was unable to secure a favorable deal with the prosecution. As a result, the client contacted Attorney Gerald J. Noonan in hopes of getting a better outcome.
Result: Attorney Gerald J. Noonan started from scratch and sought and obtained as much favorable information about his client as possible, in hopes of securing a good deal with the prosecution. The Defendant served in the military. Attorney Gerald J. Noonan obtained all favorable evidence pertaining to his military service. Defendant struggled with alcohol for years. Attorney Gerald J. Noonan pushed his client to dedicate his life to sobriety and treatment. The client made treatment his top priority. He participated in intensive inpatient and outpatient substance abuse treatment. He passed drug and alcohol tests. He participated in Alcoholics Anonymous almost daily. Attorney Noonan obtained evidence of his AA Attendance, and character letters from his AA sponsor and his AA group. Attorney Noonan presented evidence of the client’s gainful employment as a licensed plumber; operating his own business, and he taught courses for those seeking to become licensed plumbers. He raised three stepchildren, as if they were his own children, and Attorney Noonan obtained character letters from his stepchildren. Defendant also has underlying mental health issues, which had gone unaddressed and, with Attorney Noonan’s help, he began to receive mental health treatment. Attorney Noonan gathered as much favorable evidence as possible, and presented it to the District Attorney’s Office requesting a reduction to a second-offense OUI. The prosecution could see that the Defendant was dedicated to his treatment, and they were convinced of his good-faith efforts in seeking recovery. The prosecution deserves a lot of credit in reviewing all the evidence. They agreed to reduce the felony offense to a misdemeanor, and the client avoided a mandatory jail sentence.
Commonwealth v. J.M.
Stoughton District Court
RESISTING ARREST: DISMISSED
BREAKING & ENTERING: PTP
VANDALISM: PTP
DISORDERLY CONDUCT: PTP
Defendant is 29 years old. Defendant has a history of severe alcohol abuse. On the night in question, Defendant was in his second-floor apartment in Canton and he was highly intoxicated. Defendant climbed his second-story balcony and broke into the third-floor apartment, which was unoccupied. Police were called to the third-floor apartment after receiving reports of loud noises coming from that apartment. Police entered the apartment where they found the Defendant sitting on the floor. He was intoxicated and argumentative. Defendant was experiencing hallucinations. Police were so concerned about the Defendant’s mental state that he sectioned him and had him transported to the hospital. Defendant was arrested by Canton Police and charged with: (1) Resisting Arrest (G.L. c. 268, §32B), Breaking and Entering (G.L. c. 266, §16), Vandalism (G.L. c. 266, §126A) and Disorderly Conduct.
Result: Attorney Patrick J. Noonan investigated the case and determined that there was a defense of lack of criminal responsibility, also known as an insanity defense. Attorney Noonan consulted with a Psychiatrist who concluded that there was evidence of temporary insanity, and the Psychiatrist was prepared to testify as an expert witness for the defense. The proposed evidence of temporary insanity was the following: Defendant was admitted into a detox facility for alcohol dependence where he was administered several dosages of a medication known as Librium. The facility should have held the Defendant for a minimum of three days before discharging him. Defendant was able to discharge himself from the facility during the early stages of his detox. Attorney Noonan argued that the facility was negligent in prematurely discharging the Defendant because the Defendant still had the Librium in his system and it was very likely that the Defendant would consume alcohol after his discharge. After he was discharged, the Defendant returned to his apartment where he consumed a tremendous amount of alcohol. The combination of the alcohol and the Librium caused the Defendant to suffer from an acute mental reaction, as evidence by the fact that the Defendant was hallucinating when the police arrived and the police sectioned him due to his alarming mental state. When he was taken to the hospital, Defendant had no memory of what took place. The Commonwealth agreed to place the Defendant on Pretrial Probation for a period of one year with the condition that he continue with his mental health and substance abuse treatment. If the Defendant complies with these conditions, all charges will be dismissed. Pretrial Probation is an excellent outcome because the Defendant does not have to admit to any guilt or wrongdoing, and the charges are dismissed without any adverse finding against the Defendant.