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.