Concord District Court Charge: DUI 1st Offense, Breath Test Result: .17%

Russell J. Matson

Case Conclusion Date:April 3, 2012

Practice Area:DUI / DWI

Outcome:Not Guilty at Jury Trial

Description:Client, a 41-year-old laborer who spoke limited English, was parked in the entrance-way of a church parking lot, asleep inside. The key was in the ignition, but the engine was off. Additionally, there were no lights on inside the car. He was approached by 5 local police officers and removed from the car. He displayed all the signs of alcohol impairment - strong odor of alcohol, bloodshot eyes, slurred speech. He admitted to drinking two beers after work. He submitted to a breath test, the results of which were .17, over twice the legal limit. The primary issue at trial was whether he was "operating" the car. The definition of "operation" in Massachusetts is not defendant-friendly. Nevertheless, after two hours of deliberation, he was found Not Guilty.