Summary of Facts: Our client was a mid-twenties professional that worked in Boston for a tech startup. He was stopped one weekend night for driving the wrong way down a one way street. The Boston Police officer that stopped our client claimed he detected a strong odor of alcohol and observed other signs of alcohol use and impairment. He order our client to exit his vehicle and eventually placed him under arrested for operating under the influence of alcohol (OUI/DUI). At the police station the client was administered a breathalyzer test and the reading was a .16 (double the legal limit of .08).
Action: Attorney Coughlin recognized serious procedural deficiencies in both the approach the officer took on the road and when administering the breathalyzer test. We filed a motion to suppress challenging, among other things, the admissibility of the breathalyzer. After a motion to suppress hearing at the Boston Municipal Court, the judge found the officers testimony “lacked credibility.” As a result of the judges decision the Commonwealth will no longer be allowed to use the results of the defendant’s breath test (.16) at trial.
Result: Motion to suppress a breath test was ALLOWED. The case is now scheduled for trial.