My client was involved in a one-car accident late one night and walked to his house just two blocks from the scene to call the police, but someone else had already called them.
The police arrived at his home and transported him to the hospital for treatment of a head injury. While he was in the hospital, the police questioned him about the accident and caused his blood to be drawn. Neither his answers nor his blood tests were helpful to his case.
We filed motions to suppress both his statements and the seizure of his blood. At the hearing date, the Commonwealth decided to dismiss the OUI charge and continue without a finding the negligent operation charge. This was the best possible result, as the OUI would have been dismissed but a jury would probably have convicted him of the negligent operation. The continuation without a finding is not a conviction.