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.