Operating Under the Influence (OUI)
Commonwealth v. J.M.
MOTION TO DISMISS CHARGE OF RESISTING ARREST IS ALLOWED, AS ATTORNEY PATRICK J. NOONAN PROVES THERE WAS NO PROBABLE CAUSE TO SUPPORT THE OFFENSE.
Stoughton Police arrested and charged the Defendant with Resisting Arrest pursuant to G.L. c. 268, §32B. Police were called to a parking lot for a male party sitting in a vehicle “who was reported to be not acting right.” Officer approached the vehicle, and spoke to the Defendant who was mumbling and argumentative. Police observed several empty alcoholic nips bottles in the vehicle. Officers asked him about his drinking, and Defendant was argumentative. Police observed that he was very intoxicated. Police asked him to step out of the vehicle. As he exited the vehicle, Defendant lost his balance and the officer reached out to grab him to prevent him from falling, but the Defendant pulled away and tried to get away from the officers, causing officers to grab the Defendant and take him to the ground. While on the ground, Defendant continued to resist the officers, causing officers to deliver knee strikes to his body.
Result: Attorney Patrick J. Noonan filed a Motion to Dismiss the charge of Resisting Arrest for lack of probable cause arguing that: Defendant was not placed under arrest at the time he resisted officers, Officers did not have probable cause to arrest the Defendant for any crime at the time the Defendant resisted officers, and the officers never communicated to the Defendant their intent to arrest him. After a hearing, the Judge allowed Attorney Noonan’s Motion to Dismiss.
Commonwealth v. P.F.
DEFENDANT WAS CHARGED WITH FELONY 4TH OFFENSE DRUNK DRIVING BUT ATTORNEY GERALD J. NOONAN GETS THE CHARGE REDUCED TO A MISDEMEANOR 2ND OFFENSE, SAVING THE CLIENT FROM A MANDATORY JAIL SENTENCE OF 2 YEARS.
Defendant was charged with Operating under the Influence of Alcohol (G.L. c. 90, §24M) and Negligent Operation. This was his 4th offense for drunk driving carrying a minimum mandatory jail sentence of 2 years in the house of correction. Stoughton Police observed the Defendant’s vehicle almost strike a telephone pole and nearly struck trash barrels. Police observed the vehicle swerving all over the road. The vehicle was driving in the opposite travel lane for over 20 yards. The officer approached the Defendant’s vehicle and observed a strong odor of alcohol. His eyes were bloodshot and glassy. Defendant’s speech was slurred. The officer was unable to understand some of the Defendant’s statements due to his slurred speech. Defendant admitted to have a “few too many” drinks. Officers administered Field Sobriety Tests, including the One Leg Stand and the Walk and Turn, and determined that he had failed the tests.
Result: Immediately after getting hired, Attorney Gerald J. Noonan requested to have his client evaluated by the Veteran’s Court because his client was a highly decorated combat veteran. This was the first time in the client’s life that he had ever been evaluated by a clinician for the effects caused by his combat experience. For the first time in his life, the client was diagnosed and treated for the effects caused by his horrific combat experience. He was diagnosed with PTSD, Depressive Disorder, and Anxiety, which led to his substance abuse and alcoholism. Attorney Gerald J. Noonan provided the District Attorney’s Office with a breakdown of the client’s entire military service, awards, and decorations. In the Veteran’s Court, the clinicians dug deep into the client’s military experience, which included combat experience in Iraq and Afghanistan. The client was a Platoon leader and two of his closest friends were killed in combat. Attorney Noonan provided numerous character letters, records of his 20 years of employment, and records of his substance abuse treatment. After reviewing all the evidence provided by Attorney Gerald J. Noonan, the Commonwealth agreed to reduce the 4th offense OUI down to a 2nd offense OUI. With a 4th offense OUI, a felony offense, the client was facing a mandatory 2 years in jail. With a reduction to a 2nd offense, the client is now charged with a misdemeanor. Ultimately, the client was placed on probation, on the reduced charge, with conditions to continue treatment. Client avoided having to serve a mandatory 2 years in jail.
Commonwealth v. V.O. – Dedham District Court
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.
Waltham District Court – Commonwealth v. Z.O.
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.
Commonwealth v. M.W. – Quincy District Court
ATTORNEY PATRICK J. NOONAN GETS A NOT GUILTY IN OUI-LIQUOR CASE AGAINST A DEFENDANT WHO CAUSED A SERIOUS CAR ACCIDENT AND HAD A BLOOD ALCOHOL LEVEL OF .214%.
Defendant, a Brockton man, was traveling on Route 24 South in Randolph when he caused a serious motor vehicle accident. It was alleged that the Defendant was traveling at a high rate of speed and rear-ended another vehicle causing both vehicles to spin out of control and end up off the highway. The Defendant’s vehicle rolled over multiple times and ended up in the woods. Defendant caused significant damage to the rear of the other vehicle. There were three occupants in the other vehicle. Upon arrival, Defendant did not follow the instructions of the officers. Officers observed that the Defendant had an odor of alcohol on his breath; he spoke with slurred speech, his eyes were glassy and bloodshot, and he was unsteady on his feet. Defendant admitted to consuming two beers. Defendant was taken to the hospital by ambulance. The investigating officer went to the hospital where he spoke with the Defendant. The officer made the same observations of the Defendant’s sobriety that he made at the scene. The officer formed the opinion that the Defendant was under the influence of alcohol. At the hospital, Defendant’s blood was drawn and tested for alcohol. The blood test revealed that the Defendant had a blood alcohol level of .214%, which is well over the legal limit of 0.08%.
Result: Defendant hired Attorney Patrick J. Noonan who fast-tracked the case to trial before the District Attorney’s Office had an opportunity to subpoena his client’s hospital records and find out that he had a blood alcohol level of .214%. At trial, Attorney Patrick J. Noonan introduced evidence that the Defendant sustained a head injury and bodily injuries in the crash. In his cross-examination of the police officer, Attorney Noonan got the officer to admit that his observations of the Defendant’s alleged intoxication could have been symptoms from the crash and his injuries as opposed to signs of alcohol consumption. For example, Defendant’s unsteadiness on his feet, slurred speech, and his inability to follow the instructions of police could have been symptoms from his head and bodily injuries, and not symptoms of intoxication. At the conclusion of the Commonwealth’s case, Attorney Patrick J. Noonan argued that the Commonwealth failed to meet its burden of proving that the Defendant was intoxicated. The Judge agreed and found the Defendant Not Guilty.
Commonwealth v. T.B. – Brockton District Court
WHITMAN MAN IS CHARGED WITH OUI-LIQUOR (2ND OFFENSE) AFTER HE CRASHES INTO UTILITY POLE, TELLS POLICE OFFICER, “I KNOW I’M GOING TO JAIL FOR THIS,” AND HAS A BLOOD ALCOHOL LEVEL OF 0.249%. CLIENT AVOIDS A CONVICTION, JAIL TIME, AND A 3-YEAR LOSS OF LICENSE AFTER ATTORNEY PATRICK J. NOONAN CONVINCES THE JUDGE TO TREAT THIS CASE AS A 1ST OFFENSE OUI.
Defendant, a 38 year-old Whitman man, was driving erratically and struck a utility pole with such force as to snap the pole at its base. A concerned citizen called 911. Upon arrival, the officer observed that the Defendant was highly intoxicated. The officer detected a strong odor of alcohol. Defendant’s eyes were red and glassy. When asked for his license, Defendant attempted to open his car door and fell to the ground. The officer could not administer any field sobriety tests due to the fact that the Defendant could not stand and was falling over. Defendant told the officer, “I know I’m going to jail for this.” Defendant was transported to the hospital where they tested his blood for alcohol. Defendant’s blood alcohol level was 0.249%, which is three times over the legal limit. Defendant was charged with a second offense OUI (as he was previously convicted of OUI) and Negligent Operation of a Motor Vehicle. The District Attorney’s Office had an expert ready to testify at trial that the Defendant’s blood alcohol content was 0.249%.
Result: Although charged with a second-offense OUI, Attorney Patrick J. Noonan convinced the Judge to sentence his client to a first-offense OUI pursuant to Commonwealth v. Cahill, 442 Mass. 127 (2004). Defendant received a Continuance without a Finding (CWOF) with one-year of probation instead of a Guilty. If the Defendant successfully completes probation, the case will be dismissed. With this first offense disposition, Defendant’s driver’s license was suspended for only 45 days. If he was sentenced to a second offense OUI, Defendant would have lost his driver’s license for 3 years. With a Cahill disposition, the Registry of Motor Vehicles must honor the decision of the court to treat a second offense OUI as a 1st offense if it occurs more than 10 years from the date of the 1st drunk driving conviction. It should be noted that the District Attorney’s Office objected to Attorney Noonan’s request for the judge to treat this case as a 1st offense OUI and the Commonwealth requested a Guilty finding with a suspended jail sentence.
Click Here to Read Enterprise Newspaper Article: “What Whitman main charged with drunken driving told police.”
Commonwealth v. B.G.
ATTORNEY GERALD J. NOONAN GETS CRIMINAL COMPLAINT FOR OUI-LIQUOR DISMISSED AT A CLERK-MAGISTRATE HEARING AGAINST A DEFENDANT WHO CRASHED INTO POLICE CRUISERS AND ADMITTED TO POLICE THAT HE HAD SEVERAL SHOTS OF LIQUOR AND WAS TIPSY.
Defendant was watching a Red Sox playoff game with his family at his home. He ordered some take-out food. While driving to pick up his food, Defendant lost control of his vehicle and struck two parked police cruisers at a high rate of speed. An officer was inside one of the parked cruisers and temporarily lost consciousness from the high-impact crash. Officers detected an odor of alcohol on the Defendant’s breath and he admitted to consuming several shots of liquor. He told another officer, “I’m not going to lie. I’m tipsy.” Defendant stated, several times, that he was “tipsy.” Defendant was taken to the hospital. Another officer interviewed the Defendant at the hospital. Several officers had formed the opinion that the Defendant was under the influence of alcohol. Defendant was charged with OUI-Liquor and Speeding.
Result: At the Clerk-Magistrate Hearing, Attorney Gerald J. Noonan presented evidence showing that his client consumed some alcohol but was not under the influence of alcohol. Although one officer detected a strong odor of alcohol, another officer detected only a faint odor of alcohol. Attorney Noonan stressed that an officer conducted a lengthier interview of the Defendant at the hospital and this officer did not form the opinion that the Defendant was intoxicated. This officer was in the best position to make observations of the Defendant and form an opinion on his sobriety. Specifically, the only indication of alcohol use noted by this officer was a faint odor of alcohol. The officer noted that the Defendant was steady on his feet and spoke in a normal tone of voice. Attorney Noonan argued that the observations by officers of signs of intoxication were actually symptoms from the car crash and not from alcohol use. After the hearing, the Clerk-Magistrate did not issue the criminal complaint for OUI-Liquor.
Commonwealth v. K.L. – Barnstable District Court
ON THE FIRST TRIAL DATE, PROSECUTOR DROPS CHARGE OF OUI-DRUGS AGAINST SCREENWRITER RATHER THAN TRY THE CASE AGAINST ATTORNEY PATRICK J. NOONAN.
On June 19, 2018, Massachusetts State Police pulled over the Defendant’s vehicle on Route 6 in Barnstable because one of his taillights was out. The State Trooper observed that the vehicle was suspiciously activating its brake lights, several times, even though no other vehicles were on the road. The Trooper approached the vehicle. Upon the driver’s side window being rolled down, a big cloud of smoke poured out of the vehicle and the Trooper detected a strong smell of marijuana. The Trooper asked the Defendant if he had smoked any marijuana and the Defendant admitted that he had “been smoking all day.” There were three passengers in the vehicle; all of whom admitted that they were smoking marijuana. Defendant stated that they were coming from dinner. Defendant further stated that he had smoked a joint before and after dinner. The Trooper observed that the Defendant spoke in a very slow and delayed speech. Defendant’s eyes were bloodshot and glassy. After several requests, Defendant could not locate his vehicle’s registration. Defendant did not have a valid driver’s license either. During the entire driver’s side conversation, the Trooper noted that the smell and smoke from the marijuana was continuously flowing out of the vehicle. The Trooper asked the Defendant to exit the vehicle to perform field sobriety tests. Defendant stumbled several times while walking to the front of his vehicle. The Trooper administered the Walk and Turn field sobriety test, which the Defendant failed in the officer’s opinion. Trooper administered the Romberg field sobriety test, which the Defendant failed in the officer’s opinion. The Trooper formed the opinion that the Defendant was Operating under the Influence of Drugs-Marijuana (G.L. c. 90, §24).
Result: Attorney Patrick J. Noonan appeared ready for trial armed with evidence to prove that his client was not under the influence of marijuana. The District Attorney was ready for trial and the State Trooper was present and prepared to testify. Attorney Noonan elected to have a jury-waived trial before a judge rather than a jury. The court took a brief recess. After the brief recess, the trial was going to start. During the recess, the prosecutor approached Attorney Noonan and stated that the Commonwealth was dismissing the charge of Operating under the Influence of Drugs.
Commonwealth v. A.G. – Brockton District Court
ATTORNEY PATRICK J. NOONAN WINS NOT GUILTY VERDICT IN OUI-LIQUOR CASE, AS THE PROSECUTION FAILED TO PROVE “WHO” OPERATED THE VEHICLE.
Bridgewater Police received a call from a resident stating there was a disabled vehicle parked in the street and the driver appeared to be sitting in the vehicle with his head back. Upon arrival, police observed the Defendant’s vehicle parked on the shoulder of the road with two tires blown out. The officer approached the driver’s side of the vehicle where the Defendant had been seated. The officer detected a strong odor of marijuana emanating from the vehicle. The officer asked how the tires were blown out and the Defendant stated that he must have hit something back there and pointed down the road. Defendant admitted that he had smoked a roach while attempting to change his tires prior to Defendant calling for a tow truck. Defendant claimed that he had a medical marijuana card but stated that it had been “responded” when he meant to say “expired.” Defendant admitted to drinking two Budweiser beers about three hours ago. There was a female sitting in the front passenger side of the Defendant’s vehicle. She told police that Defendant had smoked marijuana and consumed alcohol earlier in the night but she felt he was fine to drive. There were two empty nip bottles on the ground outside the vehicle. The female passenger initially stated that the bottles belonged to her but later stated that the Defendant told her to throw out the nip bottles. The officer testified that the Defendant failed several field sobriety tests, such as the Nine Step Walk and Turn and the One Leg Stand. Defendant was placed under arrest for OUI-Liquor and Negligent Operation. At the police station, police found a plastic bag containing marijuana in the Defendant’s pant pocket. At the police station, Defendant consented to a breathalyzer test, which shows that he had a blood alcohol concentration of 0.14%, above the legal limit.
Result: In order to prove the Defendant guilty of OUI-Liquor and Negligent Operation, the prosecution must prove that the Defendant was the “operator” of the vehicle. At the trial, Attorney Patrick J. Noonan convinced the judge to find his client not guilty because the prosecution failed to prove that the Defendant, and not the female, was the operator of the vehicle, as there was evidence tending to show that the female could have driven the vehicle. Even though the Defendant had admitted to being the operator, that alone, was insufficient to convict the Defendant unless there was evidence to corroborate that the Defendant was the operator of the vehicle. Attorney Noonan argued that, besides the Defendant’s admission to operating the vehicle, there was no other evidence to corroborate that he was the driver.
Commonwealth v. J.H. – Stoughton District Court
ATTORNEY GERALD J. NOONAN WINS NOT GUILTY VERDICT IN OUI-LIQUOR CASE AGAINST PARAMEDIC
The client is a paramedic / EMT. On the night in question, she approached a sobriety checkpoint or roadblock in the Town of Canton. At the checkpoint, the police officer detected an odor of alcohol and observed that the client’s speech was slurred and that her eyes were glassy and bloodshot. The client admitted that she had consumed alcohol. The officer instructed the client to exit the vehicle so he could administer some field sobriety tests. The officer administered several field sobriety tests, including the Alphabet Test, the Walk and Turn Test, and the One Leg Stand Test. Based on his observations of the client’s sobriety and her performance on the field sobriety tests, the officer formed the opinion that the client was under the influence of alcohol.
Result: At the trial, Attorney Gerald J. Noonan attacked the testimony of the police officers, questioned their observations, and challenged their opinion that the client was intoxicated. Attorney Noonan pointed out that his client performed well on the field sobriety tests despite having to perform physical tasks while wearing flip-flops and the conditions under which the tests were administered were very difficult. After the police officer testified and the Commonwealth rested its case, Attorney Gerald J. Noonan argued that the Commonwealth failed to meet its burden of proof and the judge found our client not guilty.