Not Guilty: Operating Under the Influence of Alcohol

John Doe was arrested outside a club in Boston at about 2:30 a.m. on a Sunday Night for Operating Under the Influence of Alcohol. Despite the arresting officer’s contention that Mr Doe was falling down drunk, couldn’t say the alphabet, couldn’t stand on one leg for more than a second, smelled of alcohol, slurred his words, had blood shot eyes and had admitted to having been drinking since 5:00 p.m. that day, Attorney Veronica White of White & Associates P.C. was able to secure a NOT GUILTY verdict.

Attorney White argued successfully that there was a gap in time from the point that the officer had originally seen Mr Doe driving his vehicle, to the point that the officer had re-approached him several minutes later on the street and that the motorist could have availed himself of alcohol and/or drugs causing him to be in an intoxicated state. The officer had earlier admitted that when he originally saw Mr Doe driving his car at about 2:15 a.m., he did not see any signs of intoxication and that it was only 3-5 minutes later that he noticed the driver on the street in an intoxicated state.

With the transcripts of this evidence in hand, Attorney White convinced the Court to find that reasonable doubt existed given the lack of any evidence to show that Mr Doe was intoxicated when the officer originally saw him behind the wheel. Although Mr Doe was cited for loud music and improper operation, he was cited civilly and had to pay a fine of $100.00. Mr Doe was happy to pay a civil fine for a case that could have caused him to go to prison for 2.5 years and lose his license for a year.

About White & Associates, P. C.

White & Associates is Boston’s premier criminal defense law firm specializing in firearms, narcotics and violent crimes. With over fifteen years experience, White & Associates, P.C., has successfully defended hundreds of cases including gun possession, aggravated assault and battery, armed career criminal offenses, indecent assault and battery, trafficking in narcotics, operating under the influence (OUI), domestic offenses and many others.

For a consultation with one of Boston’s top criminal defense law firms, fill out our contact page, or call us at 617 338-9507.

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