Taunton District Court

SECOND OFFENSE DRUNK DRIVING CHARGE AGAINST COMMERCIAL TRUCK DRIVER DISMISSED AT TRIAL, AS ATTORNEY PATRICK J. NOONAN ARGUED THAT THE COMMONWEALTH DID NOT HAVE SUFFICIENT EVIDENCE TO OBTAIN A CONVICTION.

Defendant has been a longtime commercial truck driver. He resides in North Carolina. He is a long haul commercial truck driver, driving an 18-wheeler, transporting items for Amazon. He hauls throughout the United States. In this case, Defendant was driving across country to deliver items to Massachusetts. He pulled into a parking lot in Easton, Massachusetts. While attempting to park his tractor-trailer, he struck a parked car. Upon arrival, police spoke with the Defendant and they detected an odor of alcohol on his breath. Defendant refused any field sobriety tests and was arrested. He refused the Breathalyzer test resulting in serious consequences for a commercial truck driver. He had an old drunk driving charge in North Carolina, but was not convicted. Defendant was charged with Operating under the Influence of Alcohol pursuant to G.L. c. 90, §24(1)(a)(1), second offense, and Negligent Operation of a Motor Vehicle pursuant to G.L. c. 90, §24(2)(a). As a commercial truck driver, his entire livelihood was at stake. If convicted, he would undoubtedly lose his commercial driver’s license and was facing the possibility of a lifetime suspension of his commercial driver’s license.

Result: On the day of the jury trial, Attorney Patrick J. Noonan informed the Commonwealth of his intention to introduce a video of the Defendant’s booking at the police department. The booking video was exculpatory, as it showed that the Defendant did not exhibit any signs of intoxication or impairment. The evidence of intoxication was very slim. The only sign suggestive of intoxication was an odor of alcohol on the Defendant’s breath, and nothing more. Attorney Noonan discussed the weakness of the case with the Commonwealth and argued that the Commonwealth would be unable to meet its burden to obtain a conviction at trial. The Commonwealth reviewed the booking video, interviewed witnesses, and evaluated the case, and agreed that it would have considerable difficulty proving this case at trial. All charges were dismissed at trial.