Drunk driving – OUI Liquor MGL c 90 § 24 – Conviction Avoided.

• Steven Topazio wrote this June 18, 2018 at 6:46 pm

The client, a 25 year old college graduate, was arrested for drunk driving after he rear ended a motor vehicle in traffic that was stopping for a stop light and the police were called.  The client informed police that he left a party where he had multiple drinks.  The client was unable to find his driver’s license and produced a credit card instead.  After smelling an odor of alcohol coming from the client, the police ordered him out of his motor vehicle and requested that he submit to several field sobriety tests.  After being unable to satisfactorily perform several field sobriety exams, the client was arrested.  The client hired Attorney Steven J. Topazio to represent him. Attorney Topazio obtained the booking video and 911 call, and copies of photographs of the accident scene and vehicles involved.  After reviewing the evidence with his client, Attorney Topazio met with the Assistant District Attorney assigned to the case.  Attorney Topazio learned that the prosecutor wanted a guilty conviction upon any resolution due to the accident.  Attorney Topazio argued that the accident was a low impact event that did not injure the other operator and as a result was successful in negotiating a resolution of the case with the Assistant District Attorney.  Attorney Topazio proposed resolving the case by way of an admission to sufficient facts with the result of giving his client a CWOF.  The court initially rejected the CWOF because of the accident but Attorney was able to persuade the court to adopt his position.