Charged With OUI Third Offense: Found Not Guilty After Jury Trial

Fall River OUI Attorney Kilroy Earns Not Guilty For Client:

Kilroy Law Firm OUI

Westport, Massachusetts Police Department received a 911 call alleging client was driving his truck into oncoming traffic at a high rate of speed. Police stop client and observe him to have watery; bloodshot eyes; slurred speech; and the smell of alcohol emanating from his breath. Client is alleged to have made statements to police that he “had too much to drink” and open containers of alcohol are seen throughout his vehicle. Client is then arrested for Operating Under The Influence (OUI) Third Offense.

If convicted, client faced a mandatory minimum jail sentences of 180 days and up to five years in prison. Additionally, if convicted, client’s license to drive would be suspended for 8 years and he would have been subjected to a fine of up to $15,000.

In order to prove its case of OUI Third Offense, the Commonwealth must prove beyond a reasonable doubt that client was:

  1. Operating a Motor Vehicle;
  2. On a Public Way;
  3. Under the Influence of Intoxicating Liquor;
  4. Having Previously Being Twice Convicted.

In this case, after being charged with OUI Third Offense, client contacted Massachusetts Criminal Attorney Noah Kilroy for representation. After the Commonwealth made a jail offer to client, client rejected that offer and the case proceeded to trial. At trial, Attorney Kilroy challenged the observations that the police officer made of client on the scene, as well as how the officer administered the field sobriety test.  After the cross examination of the arresting officer by Attorney Kilroy, the case was sent to the jury for deliberation. The jury then rendered an not guilty verdict in favor of client.

Have You Or Someone You Know Been Charged With OUI Third Offense?

If you have been charged with an OUI in the Commonwealth of Massachusetts, call the OUI Lawyers at Kilroy Law Firm immediately at: 401-855-9023.  Our Fall River office is conveniently located right across  the street from the Fall River Justice Center, at 161 S. Main St., Fall River, MA.