Summary of Facts: Our client was stopped at a roadblock on a major Massachusetts highway. After performing Field Sobriety Tests, our client was given a breathalyzer test and recorded a score of 0.09% (.01% above the legal limit). It was soon discovered that our client had a prior DUI in California in 2008. Given the prior DUI, our client was charged with a second offense OUI.
Action: Attorney Christopher Coughlin was hired to defend the OUI 2nd Charge. Attorney Coughlin filed a motion to suppress, challenging the procedures that were followed in the roadblock. After multiple dates were set for the motion to suppress, the Commonwealth could not produce the necessary police witnesses for the motion. Attorney Coughlin skillfully argued that the Court should dismiss the charges, and the Court agreed.
Result: The OUI 2nd was dismissed. Our client was saved from having an additional criminal OUI conviction on his record.