July 08, 2009

• Steven Topazio wrote this April 27, 2014 at 4:10 am

On 12/4/08, the defendant’s motor vehicle was stopped by State Police after several civilians radioed police that the defendant’s vehicle was operating erratically. After stopping the defendant, the officers detected an overwhelming odor of alcoholic beverage coming from the defendant, ordered her out of her vehicle and asked her to submit to field sobriety tests. The defendant who had difficulty exiting her vehicle could not complete the tests, used her car for balance and eventually sat on the ground. The officer arrested the defendant for OUI based on their observation that the defendant had slurred speech, engaged in uncoordinated behavior, and had an inability to focus on questions and instructions. After the defendant was placed in handcuffs, she refused to get into the police cruiser, and kicked the officer in the legs. The defendant’s motor vehicle was inventoried and an open vodka bottle was found as well as a container of Chemical Mace, for which the defendant had no license. The defendant hired Attorney Topazio to defend her. Attorney Topazio was aware that his client, who was a professional and licensed by the Commonwealth, would be at risk of losing her license if convicted of A&B on a Police Officer. Attorney Topazio contacted the prosecuting police officer and worked out an agreed plea whereby all counts against his client would be dismissed upon his client admitting to sufficient facts and receive a CWOF to the OUI and resisting arrest. A CWOF is a continuance without a finding and is not a conviction under state law.