OUI

Case Name: Commonwealth v. C.
Major charge: OUI (First)
Summary: The defense demonstrated that although the defendant was drunk in the driver's seat of the car with the keys in the ignition, he did not operate within the meaning of the law. The jury acquitted when properly instructed on operation within the meaning of the OUI statute, G.L. c. 90, section 24.

Case Name: Commonwealth v. L.
Lead Charge: OUI (Fourth)
Summary: The defendant was tried for her fourth lifetime OUI. The Commonwealth proved and the defendant admitted that she stopped in front of a police drunk driving "road block," fled on foot from the police, made numerous profane statements, and stated that she could not be arrested for drunk driving. A defense was raised. The jury returned with questions requesting a further definition of operating under the influence and reasonable doubt. These points had been argued in the closing. The jury acquitted the defendant.

Case Name: Commonwealth v. C.
Major charge: OUI (First)
Summary: Defendant was stopped and arrested fifteen minutes after leaving a wedding rehearsal. At the time, he was with his wife. Witnesses and extensive medical records demonstrating that most if not all failures with respect to field sobriety tests were as a consequence of a recent major leg surgery. The defendant was acquitted.