March 06, 2012

• Steven Topazio wrote this April 27, 2014 at 2:29 pm

The client, a 32 year old electrical engineer with a Masters degree, was arrested on Christmas Eve for OUI after crashing his car near Revere Beach, hired Attorney Steven J. Topazio to represent him. Attorney Topazio was confronted with facts that the State Police found the Client trapped in his motor vehicle which was on its side in the middle of the roadway. According to the police report the Revere Fire Department arrived on the scene and removed the Client from his car with the Jaws of Life. The Client, who was disoriented, and observed to be extremely unsteady on his feet, was described by the Trooper as having a strong odor of alcohol coming from his person. The Client was asked to submit to a field sobriety examination but was unable to perform any field sobriety tests due to his unsteadiness. Once at the State Police Barracks, the Client, after receiving his Miranda Warnings, submitted to a series of field sobriety tests but failed all of them according to the Troopers. The Client further submitted to an analysis of his breath (breathalyzer) and recorded a .23 BAC%. Under Massachusetts law, a defendant is presumed intoxicated if he receives a reading of .08 BAC% or greater. Due to the motor vehicle crash and the .23BAC%, Attorney Topazio met with the prosecutor to negotiate a resolution of his client’s case and persuaded the Commonwealth to dismiss all charges against his Client if she would accept a negotiated plea on the sole remaining OUI charge, and the Commonwealth agreed. Today, despite the Commonwealth’s recommendation of a guilty finding to be imposed on the OUI charge, Attorney Topazio persuades the Court to give his client a CWOF on the OUI charge on the condition that his client complete the court’s alcohol education program.