OUI-3rd Offense, Child Endangerment (2 counts) -- Framingham District Court

Charles Henry Fasoldt

Case Conclusion Date:September 5, 2013

Practice Area:Criminal Defense

Outcome:Not Guilty all counts

Description:Following a two-day trial, BM, a 48-year-old father of two, was acquitted on all counts. The police pulled BM's truck after its tires crossed the marked lanes. While speaking to BM the officer noticed two young kids in the car. The officer also noticed the "strong odor of alcoholic beverage" on BM's breath, glassy eyes, slurred speech, and an inability to produce his driver's license. From there, the officer told BM to exit the truck. BM consented to field sobriety tests. According to the officer, BM failed all 4 FST's. BM argued and disagreed with the officer. He told the officer that he "wasn't impaired." They disagreed throughout the incident. The officer was particularly incensed because his daughters were in the truck. During trial, Henry called the following people to the stand - BM's wife, BM's wife's friend, and BM himself. Collectively, their testimony established a firm timeline which showed that BM drank only one beer. Henry's cross-examination of the officer revealed bias and significant inconsistencies. The jury deliberated for 90 minutes. They found BM "Not Guilty" on all charges.