Last week, a fifty year woman from Boxford, Massachusetts was arrested for Drunk Driving. Apparently police responded to several cell phone calls complaining of a driver operating erratically. The suspect drove down a driveway and was boxed in by a couple of cars the drivers of which witnessed her manner of operation. When the police arrived the woman supposedly drove her car at one of the officers. She was then given Field Sobriety Tests during which she kicked a police officer. Another officer was bitten by the woman during the booking process and a third was kicked. She now faces charges of OUI, Assault and Battery on a Police Officer, Resisting Arrest and Disorderly Person. The case is being prosecuted in the Haverhill District Court.
Here are what I see as major problems with this case from the perspective of a Massachusetts OUI Defense Lawyer. First, there are several civilian witnesses who witnessed the defendant’s manner of operation. Second, two of these witnesses were concerned enough to make sure that the woman could not escape apprehension. Third, her demeanor towards the police suggests a state of mind consistent with intoxication. I would also imagine that the police reported that she had a strong odor of alcohol on her breath, was unsteady on her feet, had bloodshot and glassy eyes and slurred her speech. My bet is that this case does not go to trial and that the woman offers a change of plea and enters an alcohol education program. Without a strong objection from the police officers and in the absence of a criminal history perhaps a continuance without a finding will enter subject to the 24D Program.