OUI Lawyer James Geraghty’s recent cases in Fall River District Court:
February 2016
The officer reported that he tried to stop the client for moving in a serpentine-like way and rolling over the fog line and onto dirt, but the client did not immediately stop. The officer stated that when he did stop, the client nearly struck a telephone pole and stopped the car with the passenger side of the vehicle off the road and the driver’s side on the road. The officer further stated the client had bloodshot and glassy eyes, fumbled with paperwork while looking for his registration, smelled moderately of alcohol, admitted “too many” when asked how much he had to drink, then estimated it between 4-6 beers, and had slow and lethargic movements and slurred speech. The officer reported the client moved slow and staggered while he walked to the rear of the car and failed the walk and turn and one leg stand field sobriety tests. PBT 0.17. CASE DISMISSED
October 2015
The officer testified that he located the client after being dispatched to him and saw his car straddling a parking line with the key in the on position and the client’s feet on the pedals. The officer stated that upon speaking with the client, he noticed bloodshot and glassy eyes, and an odor of liquor, which got stronger when he looked and spoke in the officer’s direction. The officer stated that upon exiting, the client was immediately unsteady on his feet, used his door for assistance, and then leaned against the car as he stumbled to the rear. The officer further stated the client failed the walk and turn and one leg stand field sobriety tests. BAC 0.28. NOT GUILTY
Client is stopped on route 195 for weaving in and out of marked lanes and speeding. Client is ordered out of the vehicle and asked to perform field sobriety tests. Client passed alphabet and counting backwards test but fails all other tests and admits to drinking all evening at a nightclub. Client found NOT GUILTY AFTER TRIAL.