OAS FOR OUI: DISMISSED

Client, 25-year-old executive chef, was charged with operating under the influence of alcohol and placed on probation in Quincy District Court. While on probation, client was arrested in West Bridgewater for operating his vehicle while his license was suspended for OUI; an offense punishable up to 60 days in the House of Correction. By virtue of the new criminal offense in West Bridgewater, client was charged with violating the terms of his probation in the Quincy District Court. Client hired Attorney Patrick J. Noonan to handle the Operating after Suspended License (OAS) case in the Brockton District Court. Attorney Noonan moved for an evidentiary hearing challenging the lawfulness of the motor vehicle stop where he intended to introduce evidence that the officer’s observations did not rise to the level of reasonable suspicion necessary to effectuate a motor vehicle stop of the Defendant’s vehicle. The officer failed to appear for the evidentiary hearing.

Result: Attorney Noonan convinces the Commonwealth to dismiss the case upon the payment of court costs, which helped client’s probation violation matter in the Quincy District Court.