Following a spirited battle with the Commonwealth’s top district court prosecutor and a police officer who is one of the best witnesses I face on a consistent basis, a jury agreed with us, after deliberating (and asking a question), and found my client NOT GUILTY. After 15 minutes of deliberation, the jury sent the judge a question, asking if there was a breath test offered and if my client refused it. The answer was yes and yes. It was offered and he did refuse it (as, in my opinion, he should have) but that decision cannot be held against someone in Massachusetts, so the judge, at my request, told them that they could not speculate and had to decide based on the evidence presented. 6 minutes later they came back with the not guilty verdict. I then filed my motion to have my client’s license restored (it was suspended for 3 years because he refused the breath test on a 2nd OUI charge) and the judge allowed that motion, over the Commonwealth’s objection.
Not Guilty of 2nd Offense OUI and License Ordered Restored
Posted on : September 6, 2016, By: Tom Kokonowski, Esq.