May 27, 2011

• Steven Topazio wrote this April 27, 2014 at 12:04 pm

The defendant, a real estate agent, was arrested for operating under the influence after getting into a rear end collision with another vehicle, hired Attorney Topazio to represent him. According to the police report, after the car accident, the defendant fell asleep in the driver’s seat of his motor vehicle. When the officers woke the defendant up, he could not produce his driver’s license. The officers detected a strong odor of alcoholic beverage emanating from the defendant, who also had glassy and bloodshot eyes. Due to the defendant’s unsteadiness, he could not perform a field sobriety test. The defendant who was arrested, refused to take a breath test which resulted in the Registry of Motor Vehicles in suspending his client’s right to operate a motor vehicle for 180 days. Today, Attorney Topazio convinced the District Attorney to dismiss the OUI charge on his client’s plea to a continuance without a finding “CWOF” to an amended complaint of negligent operation, and the court agreed. A dismissal of the OUI offense for the lesser charge means that his client will not be obligated to complete the first offender’s alcohol program usually associated with first offense drunk driving charges, nor would he suffer any additional loss of his driver’s privileges. Upon the court’s acceptance of his clients change of plea, Attorney Topazio filed a motion to restore his client’s driver’s license and end the 180 day license suspension due to the breath test refusal, arguing that there is a rebuttable presumption that his client’s license shall be restored as a result of the amended complaint pursuant to M.G.L. c 90 § 24(1)(f)(1), and the court agreed.