May 30, 2013
- Steven Topazio wrote this May 5, 2014 at 3:03 am
The client, a 21 year high school graduate, was arrested for drunk driving, and hired Boston Criminal Attorney Steven J. Topazio to defend him. According to the police report, state police were dispatched to a report of a two car accident on Route 93N. While speaking with the client, the officer detected a strong odor of alcohol emanating from within the passenger compartment. The officer also noted that the client’s eyes were red and glassy and his speech was slurred. The client performed a field sobriety test in which the client failed all 3 tests. The client was then arrested and consented to a Breathalyzer Test which recorded a 0.19 BAC%. A 0.19 BAC% indicates that the client was more than twice the state limit of 0.08 BAC%. Because of the difficult fact pattern the client wanted to resolve the case by way of a change of plea in lieu of going to trial. To resolve the case, the Assistant District Attorney wanted the client to have a criminal record and be found guilty due to the motor vehicle accident and the high Breathalyzer result. Today Attorney Topazio persuaded the judge to give his client a continuance without finding (CWOF) in lieu of adopting the Commonwealth’s recommendation which would have resulted in the client being found guilty.