February 13, 2012

• Steven Topazio wrote this April 27, 2014 at 2:16 pm

The client, a 32 year old businessman, was stopped in the early morning hours when he was observed by undercover police speeding through the narrow roads of the North End of Boston. According to the police report, the officer observed the client fail to stop for a red light, spinning his tires, and accelerate over the posted speed through the narrow streets of the North End. According to the police report, during the initial conversation the officer observed an odor of alcohol coming from the client who spoke with slurred speech and whose eyes were observed to be severely bloodshot. The report further indicated that the client admitted to consuming alcohol and told the officer that he was only looking for a parking space. According to the police report, the client attempted to perform the nine step walk and turn sobriety test but couldn’t complete same and told the officer that he wouldn’t attempt any further tests because he was too nervous. The client after being arrested refused to submit to a breath test. Attorney Topazio spoke with the Commonwealth and argued that there was insufficient evidence to convict his client for OUI and requested that the Commonwealth dismiss the OUI charge and that his client would offer a change of plea on the Reckless Operation of a motor vehicle charge, but the Commonwealth refused. Attorney Topazio pushed the case to trial, refusing to allow his client to tender a plea to the OUI charge. At trial, Attorney Topazio attacked the Commonwealth’s case, establishing that the arresting officer deviated from his OUI training in only attempting to administer one field sobriety test instead of three to determine sobriety. Through cross examination of the arresting officer, Attorney Topazio elicited testimony that his client was cooperative with the officer, only looking for a parking space when stopped, and extremely nervous when attempting the field sobriety test. Attorney Topazio argued that his client was entitled to be acquitted of all criminal charges because the Commonwealth had not met its high burden of guilt beyond a reasonable doubt. Today, Attorney Topazio was successful in obtaining a split verdict for his client. The client was found not guilty of the more serious OUI offence, but guilty of reckless operation of a motor vehicle charge. Despite this split verdict, the client avoided jail time by receiving a 30 day suspended sentence with probation for one year.