Joyce Whitman of Whitman, Massachusetts was involved in a one car crash last Friday shortly after midnight. Police found her car on its roof where it had come to rest after hitting a dumpster and a telephone pole. When the police arrived the car was on fire and the defendant still inside. It took approximately twenty minutes to extricate her from the wreckage. The defendant is facing charges of Negligent Operation of a Motor Vehicle and OUI in the Brockton District Court. The defendant sustained injuries requiring hospitalization.
Cases like this one are usually proved by evidence that the defendant’s blood alcohol level exceeded the legally permissible level. Without this evidence the case would be extremely difficult to prove. The article makes clear that there have been several accidents at this location over the years. This fact makes it difficult to prove impairment based on the crash alone. Rather, the blood sample taken and tested at the hospital will determine the viability of this prosecution. If the blood sample was properly taken and there is no issue of contamination this case might be difficult to defend. If on the other hand the blood was not processed properly defense lawyers will look to exclude the blood test results. If the defendant’s criminal defense lawyer is successful getting the blood results excluded this case might be very difficult to prosecute.
If you have been charged with an OUI in Massachusetts call our office at 617-263-6800 to discuss your case. You can also contact us online.